Patna High Court
Rambilash Yadav @ Ramvilas YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court confirmed the provisional bail previously granted to the petitioners.
Summary
The petitioners, Ajay Kumar Yadav and Rambilash Yadav, were arrested in connection with a case alleging defalcation of Rs.17,19,747 under IPC sections 406, 409, 420, 120B and 34. They contended that the work for which the money was allotted had been completed, the balance amount deposited, and that the FIR allegations were false. The State opposed their application for regular bail, but a counter‑affidavit from the District Collector affirmed that no misappropriation of funds had occurred. After hearing both sides, the Court noted the petitioners had been in custody since 30‑April‑2025 and considered the counter‑affidavit. The Court confirmed the provisional bail previously granted on 13‑January‑2026, effectively allowing the petitioners to remain out of custody pending trial.
Issues considered
- What is the appropriate bail relief for petitioners accused under sections 406, 409, 420, 120B and 34 of the IPC when the prosecution’s case is contradicted by a counter‑affidavit stating no misappropriation?
- Whether the provisional bail granted earlier should be confirmed in view of the petitioners’ claim of having settled the alleged dues.
Legislation cited
- Indian Penal Code — s. 120B, 34, 406, 409, 420
Subjects
- bail
- provisional bail
- regular bail
- IPC
- defalcation
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61702 of 2025
Arising Out of PS. Case No.-291 Year-2022 Thana- KATEYA District- Gopalganj
======================================================
Ajay Kumar Yadav S/O Harkesh Yadav @ Harikesh Yadav Resident of Vill.-
Chhitauna, P.S.- Kateya, Dist.- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 64527 of 2025
Arising Out of PS. Case No.-291 Year-2022 Thana- KATEYA District- Gopalganj
======================================================
Rambilash Yadav @ Ramvilas Yadav S/o- Dukhi Yadav Resident of
Chhitauna P.S- Kateya, Dist- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 61702 of 2025)
For the Petitioner/s : Mr. Vyas Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Parmeshwar Mehta, APP
(In CRIMINAL MISCELLANEOUS No. 64527 of 2025)
For the Petitioner/s : Mr. Vyas Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Parmeshwar Mehta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
7 01-04-2026 Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of regular bail in connection with Kateya P.S. Case no.
291 of 2022 registered under section 406, 409, 420, 120B and
34 of the Indian Penal Code.
3. As per the prosecution case, the informant states
Patna High Court CR. MISC. No.61702 of 2025(7) dt.01-04-2026
2/3
that a work of total sum of Rs.17,19,747.00/- not having been
done, the same had been defalcated by the two petitioners
herein.
4. Learned counsel for the petitioners submits that the
petitioners have been falsely implicated in the case. The allegations
levelled in the FIR are false and incorrect. Work for the total amount
has already been done and the remaining balance amount has already
deposited by the petitioners with the respondent authorities. Thus the
account with respect to the work which finds mention in the FIR, no
amount has been defalcated. The petitioners who were in custody
since 30.4.2025 were not having any criminal antecedent were
enlarged on provisional bail vide order dated 13.1.2026. It is lastly
submitted that a counter affidavit has been filed on behalf of the
respondent State categorically stating therein that the account with
respect to the petitioners have been settled and no amount remains
due.
5. The application for bail is opposed by learned APP
for the State. However referring to the affidavit filed on behalf
of the District Collector, Gopalganj and more particularly
paragraph no.7 thereof, it is stated that the work with respect to
the petitioners has already been completed and that there is no
misappropriation of Government funds.
Patna High Court CR. MISC. No.61702 of 2025(7) dt.01-04-2026
3/3
6. Having heard learned counsel for the parties and
taking into consideration the allegations in the FIR, the
petitioners having remained in custody since 30.4.2025 and
specially the statement made in the counter affidavit of the
District Magistrate, Gopalganj, the provisional bail granted to
the petitioners in connection with Kateya P.S. Case no. 291 of
2022 to the satisfaction of the learned Additional Chief Judicial
Magistrate-VI, Gopalganj by order dated 13.1.2026 is hereby
confirmed.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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