Rambhajan KewatversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.49013 of 2025
                   Arising Out of PS. Case No.-186 Year-2022 Thana- SAKURABAD District- Jehanabad
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                 Rambhajan Kewat S/o Rohan Kewat R/o vill - Beldar Bigha, P.S.-
                 Shakurabad, Distt.- Jehanabad

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :      Mr. Navin Sharma, Adv.
                 For the Opposite Party/s :      Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

8   12-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. A prayer for bail has been made on behalf of the

                   petitioner in connection with Shakurabad P.S. Case no.186 of

                   2022 registered under sections 379, 420, 409 and 34 of IPC.

                                3. Allegation in the F.I.R is that accused persons

                   including the petitioner herein have committed misappropriation

                   of Rs.19,69,900/- under Gram Panchayat, Kansua.

                                4. Learned counsel for the petitioner submits that the

                   petitioner, being the President of Ward No. 11 under Kansua

                   Gram Panchayat, duly completed the work assigned to him

                   under      Nal Jal Yojna of the Chief Minister’s Scheme. It is

                   further submitted that upon completion, the measurement

                   reflected work amounting to Rs. 19,69,900/-, however, the
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          measurement book prepared by the Junior Engineer records the

          executed work to the extent of Rs. 16,90,185/-. It is further

          submitted that there was some delay in execution of the work on

          account of unavoidable circumstances, however, the fact

          remains that, as admitted even in the counter affidavit filed by

          the learned APP for the State, the work has been completed.

          Learned counsel has further contended that the provisions of

          Sections 420, 379 and other allied sections of the Indian Penal

          Code are not attracted in the present case, as there was no

          dishonest intention on the part of the petitioner to commit any

          offence of cheating or misappropriation. The petitioner has

          bona fide and diligently carried out the work entrusted to him. It

          is further submitted that by order dated 07.01.2026, this Court

          has already granted provisional bail to the petitioner.

                        5. The application for bail is opposed by Mr.

          Jharkhandi Upadhyay, learned A.P.P. for the State and has

          submitted that, by way of filing supplementary counter affidavit,

          the petitioner has done work but it is only to the tune of

          Rs.16,90,185/- and hence, rest of the amount i.e. Rs. 2,79,760/-

          has been misappropriated and has not been deposited by the

          petitioner.

                        6. Taking into consideration the rival contentions of
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                        the parties and also considering the fact that the work in

                        question had been completed and some dispute with regard to

                        accounting still remains which can be only thrashed out during

                        trial coupled with the fact that petitioner is a public servant

                        having clean antecedent, interim/provisional bail granted to the

                        petitioner vide order dated 07.01.2026 stands confirmed.

                                     7. The application stands disposed of.


                                                  (Soni Shrivastava, J)

Harsh/-

U         T