Patna High Court
Om Prakash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner subject to strict conditions.
Summary
Om Prakash Kumar, a government clerk, was arrested on 24 July 2023 in connection with a case of alleged embezzlement of Rs. 1,83,84,248.17 and charged under IPC sections 467, 468, 471, 409, 420 and 120(B). He applied for regular bail, arguing innocence and that witnesses had not supported the prosecution, while the prosecution opposed bail citing another pending case. The High Court noted the lengthy pre‑trial custody of over two and a half years, the seriousness of the charges, and the need to ensure his cooperation in the trial. Considering these factors, the Court granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions of personal appearance, non‑tampering with evidence, and verification of criminal antecedents. The order directed that bail should not be delayed for verification purposes.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences and prolonged pre‑trial detention
- Whether the petitioner poses a risk of tampering with evidence or fleeing
- Whether the existence of another pending case affects the bail decision
Legislation cited
- Indian Penal Code — s. 120B, 409, 420, 467, 468, 471
Subjects
- bail
- embezzlement
- Indian Penal Code
- pre‑trial detention
- government servant
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5426 of 2026
Arising Out of PS. Case No.-184 Year-2023 Thana- BIKRAMGANJ District- Rohtas
======================================================
Om Prakash Kumar S/o Late Vishwanath Singh R/o-Village- Kurmuri, P.S.-
Sikarhata, District- Bhojpur Ara. Also at, Anand Nagar, Ward No. 5, P.S-
Bikramganj, District- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shiv Pratap, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 29-01-2026 Heard Mr. Shiv Pratap, learned counsel for the
petitioner and Mr. Anil Kumar, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
24.07.2023 in connection with Bikramganj P.S. Case No. 184 of
2023, corresponding to G.R. Case No. 877/ 2023, F.I.R. dated
05.04.2023 for the offences punishable under Sections 467, 468,
471, 409, 420 and 120(B) of the Indian Penal Code.
3. According to prosecution case, the petitioner being
the then Clerk-cum-Nazir, Sub Divisional office, Bikramganj,
embezzled/defalcated Rs. 1,83,84,248.17/- of the government
money after preparing fake bank details, fake copy of chalans,
wrong entries in the books of account concealing real facts.
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4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that the charges has been
framed against the petitioner u/s 467, 468, 471, 409, 420 and
120(B) of the Indian Penal Code. Learned counsel further
submits that earlier the petitioner has moved before this Hon’ble
Court in Cr. Misc. No. 4382 of 2024 for grant of regular bail but
the same was dismissed by a Coordinate Bench of this Hon’ble
Court vide order dated 13.08.2024. He further submits that the
petitioner is in custody since 24.07.2023 and the trial has not
concluded as yet. Although, trial has began and witnesses have
been examined but they have not supported the case of
prosecution. As per allegation in the FIR, the petitioner being
the Clerk-cum-Nazir, Sub Divisional office, Bikramganj
embezzled/defalcated Rs. 1,83,84,248.17/- of the government
money after preparing fake bank details, fake copy of chalans
wrong entries in the books of account concealing real facts. He
further submits that the petitioner has also faced departmental
proceeding for the same set of allegation and he is in custody
since 24.07.2023 for more than two and half years and he is
government servant.
5. Learned APP has vehemently opposed the prayer
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for bail of the petitioner and submits that the petitioner carries
one more case other than the present one and that case is
pending for consideration before competent court of law.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody of the petitioner, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned A.C.J.M.,
Bikramganj, in connection with Bikramganj P.S. Case No. 184
of 2023, corresponding to G.R. Case No. 877/ 2023, with the
following conditions:
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
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criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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