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Patna High Court

Mantu YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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The petitioner, Mantu Yadav, an ex‑ward member, was alleged in an FIR to have withdrawn Rs 4,70,000 for a government Gali‑Nali scheme together with co‑accused Rupesh Yadav, ex‑Panchayat Secretary, and to have failed to complete the work,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

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
                                                        3/3




                               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/-

U √     T   √


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