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Patna High Court

Om Prakash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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.
Patna High Court CR. MISC. No.5426 of 2026(2) dt.29-01-2026
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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
Patna High Court CR. MISC. No.5426 of 2026(2) dt.29-01-2026
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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
            Patna High Court CR. MISC. No.5426 of 2026(2) dt.29-01-2026
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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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