Patna High Court
Jay Kumar Prasad @ Jay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Bail was granted to the petitioner subject to verification of the deposit and compliance with specified conditions.
Summary
Jay Kumar Prasad, a former Mukhiya, was implicated in a complaint (No.331(C) of 2021) alleging embezzlement of ₹22,02,900 under Sections 406, 420 and 120B of the IPC relating to funds of the Nal Jal Yojana. The petitioner claimed the entire amount had already been deposited in the Ward Kriyayavan Avam Prabandhan Samiti account and argued he was falsely implicated. The State opposed his bail, contending the seriousness of the offences. The High Court, considering the petitioner’s claim of deposit and the need to ensure his appearance, granted bail subject to a Rs 10,000 bond, two sureties, and strict conditions including verification of the deposit, regular court appearances, and non‑interference with witnesses. The order directed the petitioner to produce documentary proof of the deposit for verification before the bail bond could be finalized.
Issues considered
- Whether bail should be granted to the petitioner pending trial for offences under Sections 406, 420 and 120B IPC.
- Whether the alleged deposit of the disputed amount negates the risk of flight or tampering with evidence.
- Whether conditions under Section 482(2) of the BNSS can be imposed to secure the trial process.
Legislation cited
- Indian Penal Code — s. 120B, 406, 420
Subjects
- bail
- embezzlement
- IPC
- Section 406
- Section 420
- Section 120B
- Nal Jal Yojana
- Mukhiya
- fraud
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57325 of 2025
Arising Out of PS. Case No.-331 Year-2021 Thana- COMPLAINT CASE - DANAPUR
District- Patna
======================================================
Jay Kumar Prasad @ Jay Kumar son of Ram Vilas Prasad @ Ram Nivas Sao
R/O VILL AND PO-BANAULI KHURD, PS-KHIRIMORE, DIST-PATNA
... ... Petitioner/s
Versus
1. The State of Bihar bihar
2. Sunil Kumar son of Laxman Yadav Resident of Ward no. 14 Village-
Panchayat Khanpura, Taranpur, Village- Mankudha, Ps- Khirimore, Dist-
Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh
For the Opposite Party/s : Mrs. Asha Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. Despite valid service of notice upon O.P. No.
2 vide order of this Court dated 12.11.2025, no one has
entered appearance on behalf of O.P. No. 2.
3. The petitioner apprehends his arrest in
connection with Complaint Case No.331(C) of 2021
registered for the offence punishable under Sections /406,
420, 120B of the Indian Penal Code.
4. As per the FIR, the petitioner, who was
holding the post of Mukhiya at the time of occurrence, is
alleged to have been responsible for the embezzlement of
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funds pertaining to work carried out under the Nal Jal
Yojana.
5. Learned counsel for the petitioner submits that
the petitioner is innocent and has been falsely implicated in
the present case. It is further submitted that the amount
alleged to have been allocated under the scheme has already
been deposited by the petitioner, as evident from Annexure-
4. It is contended that, for ulterior motives, the petitioner has
been implicated solely because he was the Mukhiya during
the period when the allocation of funds was made. It is
further submitted that the disputed amount to the tune of
₹22,02,900/- has already been transferred to the account of
the Ward Kriyayavan Avam Prabandhan Samiti, Ward No.
14. Lastly, it is submitted that the petitioner has four criminal
antecedents and in on bail in all the cases.
6. On the other hand, the learned APP for the
State has opposed the prayer for bail of the petitioner.
7. Considering the submission made on behalf of
the petitioner that the disputed amount has already been
deposited in the concerned account, let the above-named
petitioner be released on bail, in the event of his arrest or
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surrender before the learned Court below within a period of
six weeks from today, on furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Judicial
Magistrate, First Class, Danapur, Patna/Successor Court in
connection with Complaint Case No.331(C)/2024, subject to
the conditions as laid down under Section 482(2) of the
BNSS as well as the following conditions:
(i) One of the bailors should be the family
member/relative of the petitioner(s) who shall provide
official document to show his/her bona fide;
(ii) the petitioner(s) 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/her/their bail bond by the Trial Court
itself;
(iii) the petitioner(s) 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(s) shall desist from committing
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any criminal offence again, failing which the State shall be at
liberty to take steps for cancellation of their bail bonds.
8. The petitioner is directed to produce the
documents to apprise the learned Court below regarding the
deposit made by him in the Ward Kriyayavan Avam
Prabandhan Samiti, Ward No. 14, and if, upon verification,
the same is found to be genuine, only then shall the bail
bonds of the petitioner be accepted.
(Ajit Kumar, J)
shikha/-
U T
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