Patna High Court
Komal Kumar @ Komal Kumar Ray @ Kumar @ Kunal RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner subject to conditions under Section 438(2) of the CrPC.
Summary
The petitioner, Komal Kumar, sought anticipatory bail in connection with FIR No. 239 of 2023 alleging misappropriation of Rs.13,65,900 under IPC sections 420, 406 and 120(B). The prosecution alleged that the petitioner was part of a scheme that diverted funds allocated to a Gram Panchayat. The petitioner argued that a measurement error had occurred and that the Block Development Officer later confirmed that only Rs.9,736 remained unpaid, which had already been deposited, and that he had no criminal antecedent. The State opposed the bail, but the court considered the BDO’s letter, the petitioner’s undertaking to return any remaining amount, and his clean record. Consequently, the court granted anticipatory bail under Section 438(2) of the CrPC with specific conditions, including furnishing bail money, sureties, and compliance with procedural requirements.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the FIR alleging offences under IPC 420, 406 and 120(B).
- Whether the BDO’s letter indicating payment of the alleged misappropriated amount affects the merit of the bail application.
- Whether the petitioner’s lack of criminal antecedent warrants the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 120(B), 406, 420
Subjects
- anticipatory bail
- misappropriation
- IPC 420
- IPC 406
- IPC 120B
- Section 438
- criminal antecedent
- bail conditions
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52592 of 2025
Arising Out of PS. Case No.-239 Year-2023 Thana- PHULPARAS District- Madhubani
======================================================
Komal Kumar @ Komal Kumar Ray @ Kumar @ Kunal Ray S/o- Sanjeet
Ray Village- Sugapatti Ps- Phulparas Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Udeshya Kumar Yadav, Adv.
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 17-01-2026 Heard Mr. Udeshya Kumar Yadav, learned Counsel
for the petitioner and Mr. Bharat Bhushan, learned APP for the
State.
2. The petitioner apprehends his arrest in connection
with Phulparas P.S. Case No. 239 of 2023 for the offence
registered under sections 420, 406, 120(B) of the IPC lodged on
01.05.2023.
3. As per the prosecution story, the informant alleged
that different schemes were allotted to the Gram Panchayat,
Sugapatti but later, they came to know that the amount to the
tune of Rs. 13,65,900/- have been misappropriated by the
accused which included the petitioner herein. This led to the
FIR.
4. Learned Counsel for the petitioner submits that at
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time, measurement was not done which led to the said figure.
Later, on 19.11.2024, the Block Development Officer, Phulparas
in a letter addressed to the Deputy Development Commissioner-
cum-Certificate Officer, Madhubani informed that out of Rs.
13,65,900/-, as per the measurement, worth Rs. 13,53,764/- has
been done and after some more deduction, the amount that
needs to be deposited is only Rs. 9736/- which has already come
in the corpus of the State Government through the person
concerned. Accordingly, the request was made for concluding
the Certificate Case No. 61/2022-23 (Annexure-3 to the
petition).
5. Learned counsel for the petitioner further submits
that the said Annexure would show that payment has been made
but if still the State Government comes to the conclusion that
some money has been left out, he is ready to return the same.
The last submission is that the petitioner do not have criminal
antecedent.
6. Learned APP, Mr. Bharat Bhushan, on the other
hand, opposes the prayer for anticipatory bail submitting that as
per the FIR, the misappropriation took place. However, he
concede that the BDO, Phulparas has later issued the aforesaid
letter.
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7. Considering the submissions of the parties and the
undertaking given by the petitioner that if still some money is
left, the same shall be paid, the BDO, Phulparas has made
request for conclusion of the Certificate proceeding, as recorded
above, this petitioner do not have criminal antecedent, in that
background, this Court is inclined to grant him the anticipatory
bail with conditions.
8. Let the petitioner in the event of arrest or surrender
within a period of four weeks from the date of receipt of the
order, shall be released on anticipatory bail on furnishing bail of
Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned Additional Chief
Judicial Magistrate-II, Jhanjharpur, Madhubani in connection
with Phulparas P.S. Case No. 239 of 2023 subject to condition
as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioner, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID)
to show his bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
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bond by the Trial court itself;
(iii) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any
criminal offence again failing which the State shall be at liberty
to take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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