Patna High Court
Vishwanath RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
Vishwanath Rai, a former ward member, was arrested in connection with alleged misappropriation of Rs. 14,39,500 and incomplete work under the Nal‑Jal‑Yojana, charged under sections 406, 409 and 120(b) of the Indian Penal Code. The prosecution alleged that Rai, along with two others, withdrew the funds and failed to complete the scheme. Rai pleaded innocence, asserted that most of the work had been completed, presented a progress report, and highlighted his clean criminal record while being in judicial custody since 17‑04‑2025. The State opposed his request for regular bail, arguing the seriousness of the offences. After hearing both sides, the Court found no compelling reason to deny bail and ordered his release on a bail bond of Rs.10,000 with two sureties, directing compliance with the C.J.M. of Siwan.
Issues considered
- Whether regular bail should be granted to the accused in offences punishable under sections 406, 409 and 120(b) IPC.
- Whether the accused poses a flight risk or a danger of tampering with evidence.
Legislation cited
- Indian Penal Code — s. 120(b), 406, 409
Subjects
- bail
- criminal procedure
- IPC
- section 406
- section 409
- section 120(b)
- embezzlement
- conspiracy
- Nal‑Jal‑Yojana
- Siwan
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52659 of 2025
Arising Out of PS. Case No.-576 Year-2022 Thana- BASANTPUR District- Siwan
======================================================
Vishwanath Rai S/O Late Lakhan Rai Resident of Village- Kumkumpur, P.S.-
Basantpur, Distt-Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Parmeshwar Mehta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
5 08-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 406, 409
and 120(B) of IPC.
3. The case of the prosecution is that Secretary of
Panchayat Kumkumpur ward no. 14 has withdrawn Rs. 14,
39,500/- but has not completed the work. It is alleged that the
work of Nal-Jal-Yojana has not been completed by this
petitioner along with Lal Dev Rai and Jai Prakash Rai.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that he is an ex-ward
member. He has further submitted that most of the work has
Patna High Court CR. MISC. No.52659 of 2025(5) dt.08-01-2026
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been completed and in support of that, he has filed M.B. which
is report regarding the work done and from perusal of the said
report, it appears that most of the work has been done. A
statement has been made in para-3 of this petition that the
petitioner has got no criminal antecedent. Moreover, he is
languishing in judicial custody since 17.04.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Basantpur P.S. Case No. 576 of 2022 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned C.J.M., Siwan.
(Ashok Kumar Pandey, J)
shubham/-
U T
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