Patna High Court
Mantu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail is not granted to the petitioner.
Summary
The petitioner, Mantu Yadav, an ex‑ward member, was alleged in an FIR to have withdrawn Rs 4,70,000 for a government Gali‑Nali scheme together with co‑accused Rupesh Yadav, ex‑Panchayat Secretary, and to have failed to complete the work, constituting offences under IPC Sections 406, 409 and 34. He applied for anticipatory bail, claiming innocence and alleging a conspiracy by the co‑accused. The court examined the FIR, the seriousness of the alleged defalcation of public funds, and the incomplete implementation of the scheme. Considering the gravity of the charges and the public interest in preventing misuse of government money, the court found no sufficient ground to grant bail. Consequently, the anticipatory bail application was dismissed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in view of the allegations under IPC Sections 406, 409 and 34.
- Whether the seriousness of the alleged defalcation of public funds justifies denial of anticipatory bail.
Legislation cited
- Indian Penal Code — s. 34, 406, 409
Subjects
- anticipatory bail
- criminal breach of trust
- defalcation of public funds
- government scheme
- IPC
- Bihar
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61822 of 2025
Arising Out of PS. Case No.-204 Year-2023 Thana- SANGRAMPUR District- East
Champaran
======================================================
Mantu Yadav S/o Manager Yadav @ Manager Raut R/o Village- Chandpur,
P.S.- Sangrampur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhurendra Kumar
For the Opposite Party/s : Mr.Ram Bilash Roy Raman
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
7 20-02-2026 1. Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Sangrampur Police Station Case No. 204 of 2023,
dated 03.06.2023, disclosing offences punishable under
Sections 406/409/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report
lodged by the Panchayat Secretary of Gram Panchayat
Raj Barwan, is that for execution of Government
Secheme Gali-Nali Yojana, a sum of Rs. 4,70,000/- was
withdrawn by the petitioner, who is the Ex-Ward Member
and co-accused Rupesh Yadav, Ex-Panchayat Secretary,
but despite several notices, they have not completed the
Patna High Court CR. MISC. No.61822 of 2025(7) dt.20-02-2026
2/3
work.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence
in the manner alleged. He further submits that it is due to
the conspiracy of co-accused Rupesh Yadav, Ex-
Panchayat Secretary, and the Mukhiya, the work of Gali
Nali has not been completed. He further submits that the
entire amount has been received and kept by co-accused
Rupesh Yadav, Ex-Panchayat Secretary, and the petitioner
is still ready to complete the work, in question, once the
fund is released by co-accused Rupesh Yadav, Ex-
Panchayat Secretary.
5. I have heard learned Counsel for the parties concerned
and have perused the materials available on record,
including the impugned order.
6. The allegation against the petitioner in the First
Information Report is that he, along with the co-accused,
withdrew Rs. 4,70,000/- for implementation of Gali Nali
Scheme on 18.01.2019. The First Information Report has
been lodged in the year 2023, specifically alleging the
defalcation of government money. The petitioner is
accused of embezzlement of government fund and the
Patna High Court CR. MISC. No.61822 of 2025(7) dt.20-02-2026
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same is serious in nature.
7. Defalcation of public funds by public functionaries has a
serious consequence in the implementation of government
schemes. Money intended for public welfare is siphoned
of by incomplete implementation of the government
schemes. The misappropriation leads to delay in project
completion. Admittedly, the Scheme was of the year 2019
and the same is still incomplete, as per the version of
petitioner himself.
8. Accordingly, I am not inclined to grant anticipatory bail
to the petitioner.
9. This application is, accordingly, dismissed
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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