Patna High Court
Prashant BhartiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Prashant Bharti, a lower‑division clerk serving as Block Nazir, was named in an FIR for alleged embezzlement of government funds under Sections 316(4) and 316(5) of the Bihar Negotiable Instruments Act, 2023. He applied for anticipatory bail, claiming he did not embezzle but merely failed to submit vouchers for a large sum and that illness prevented timely submission. He further asserted that he had deposited a portion of the cash in a bank after the FIR was lodged and had no prior criminal record. The court examined the statements of the informant and other witnesses, which alleged that the petitioner retained cash, did not hand over vouchers, and failed to provide the passbook for bank deposits. Considering the seriousness of the alleged offence and the material evidence, the court declined to grant anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Sections 316(4) and 316(5) of the Bihar Negotiable Instruments Act, 2023 in view of the alleged embezzlement.
Subjects
- anticipatory bail
- embezzlement
- public servant
- Bihar Negotiable Instruments Act
- Section 316
- criminal procedure
- government funds
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58584 of 2025
Arising Out of PS. Case No.-24 Year-2025 Thana- MANSI District- Khagaria
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Prashant Bharti S/o Late Tapeshwar Prasad Singh R/o village - E - Bindtoli,
Sahebpur Kamal, P.S - Sahepur Kamal, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. B. Yadav
Mr.Rupesh Kumar Singh
For the Opposite Party/state: Mr.Ajay Kumar No. 2
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
6 29-04-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection
with Mansi P.S. Case No. 24 of 2025 dated 11.02.2025
registered for the offence under Section 316(4), 316(5) of the
B.N.S. 2023.
3. As per the F.I.R. lodged by the Block Development
Officer, Mansi, under the orders of the District Magistrate,
Khagaria contained in letter no. 76 dated 08.02.2025 the
petitioner, a Lower Division Clerk, while holding the post of
Block Nazir, Mansi, Block Office Parbatta, did not hand over
charge of adjusted / unadjusted audit of Block Nazarat, Mansi,
keeping the remaining amount of single lock with himself and
difference in the balance amount of cash book and final amount
Patna High Court CR. MISC. No.58584 of 2025(6) dt.29-04-2026
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of cash book and final amount in the bank and played a key role
in permanent / temporary embezzlement of government money.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has not committed any offence in
the manner alleged. It is further submitted that allegation in sum
and substance is that petitioner did not hand over charge of
vouchers of Rs. 1,93,06,521.7 /- thus it is not the case of the
prosecution that the petitioner has embezzled the amount rather
the allegation is that vouchers had not been submitted. It is
further submitted that petitioner was ill, as such, he could not
submit the vouchers in time but then has submitted vouchers
worth Rs. 89 lakhs and odd. It is next submitted that since the
F.I.R. was instituted hence the petitioner was not in a position to
submit the vouchers with respect to the left over amount. A
stand has been taken in paragraph no. 13 of the bail application
that the petitioner deposited amount of single lock of
Rs. 31991.82 in UCO Bank vide account no. 28780110041970
on 21.02.2025 i.e. after registration of the F.I.R. on 11.02.2025.
The petitioner has no criminal antecedent.
5. I have heard learned counsel for the petitioner and
perused the material on record. The informant in his
re-statement recorded in paragraph no. 05 of the case diary has
Patna High Court CR. MISC. No.58584 of 2025(6) dt.29-04-2026
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stated that the petitioner working on the post of the then Block
Nazir, Mansi did not give the account of the amount spent
during his tenure from September, 2016 to June, 2021 and he
also did not hand over charge of vouchers and kept the single
lock (cash amount) with himself and did not give the pass book
of the amount deposited in the Bank. Other witnesses in their
statement recorded in paragraph no. 06 & 07 of the case diary
have stated in similar terms and have supported the prosecution
story. The petitioner is F.I.R. named accused and allegedly
involved in temporary embezzlement of huge amount of
government money. In the memo of charge it is specifically
stated that even after lapse of three years the petitioner did not
hand over full charge of Block Nazarat, Mansi which creates
serious doubt regarding his conduct.
6. Taking into consideration the nature of offence and
seriousness of the accusation, I am not inclined to grant
anticipatory bail to the petitioner. The same is rejected.
(Anil Kumar Sinha, J)
praful/-
U T
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