Patna High Court
Mukesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court declined to grant anticipatory bail to the petitioner.
Summary
The petitioner, Mukesh Kumar Singh, applied for anticipatory bail fearing arrest in a case (PS Sonbarsa Raj Case No. 81 of 2024) alleging offences under Sections 406, 420 and 34 of the Indian Penal Code for defalcating approximately Rs. 50 lakh of PACS funds. He claimed innocence, stating he was merely the Chairman of the PACS and that no material linked him to the crime. The State, represented by an Additional Public Prosecutor, and the Bihar State Financial Corporation opposed the bail. The Patna High Court, after hearing counsel, found the allegations serious enough and was not inclined to grant anticipatory bail. Consequently, the application was dismissed, and the petitioner was ordered to surrender within two weeks and seek regular bail, with the Superintendent of Police directed to arrest him if he fails to do so.
Issues considered
- Whether anticipatory bail should be granted to the petitioner accused of offences under IPC Sections 406, 420 and 34.
- Whether the prosecution has sufficient material to link the petitioner to the alleged defalcation.
- Whether the seriousness of the alleged fraud justifies denial of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 34, 406, 420
Subjects
- anticipatory bail
- IPC 406
- IPC 420
- IPC 34
- defalcation
- fraud
- high court
- bail denial
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65419 of 2025
Arising Out of PS. Case No.-81 Year-2024 Thana- SONBERSHA RAJ District- Saharsa
======================================================
Mukesh Kumar Singh S/o- Birendra Singh Village- Fatehpur, Ward No4, P.S.-
Sonbarsa, District- Saharsa
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Natrai Verma, Advocate
Mr. Sachina, Advocate
For the Opposite Party : Mr. Parmeshwar Mehta, A.P.P
For the BSFC : Mr. Niraj Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 21-01-2026 Heard learned counsel for the petitioner, learned
counsel for the BFSC and learned A.P.P for the State.
2. The petitioner apprehends his arrest in connection
with Sonbarsa Raj P.S. Case No. 81 of 2024 dated 20.05.2024
for the offences punishable under Sections 406, 420 read with
Section 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner is
accused of defalcating about Rs. 50 lakhs belonging to PACS.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and he has falsely been
implicated in this case. Learned counsel submits that the
petitioner was the Chairman of the PACS and there is no
material to connect with the crime.
Patna High Court CR. MISC. No.65419 of 2025(5) dt.21-01-2026
2/2
5. Learned A.P.P. for the State, Mr. Parmeswar Mehta
and Learned counsel for the B.S.F.C., Mr. Neeraj Kumar have
vehemently opposed the prayer of anticipatory bail of the
petitioner.
6. Considering the allegation, this court is not inclined
to grant anticipatory bail to the petitioner.
7. Accordingly, this application for anticipatory bail is
dismissed.
8. The petitioner is directed to surrender in the Court
below within two weeks from today and pray for regular bail
failing which the Superintendent of Police, Saharsa will take all
steps for arrest of the petitioner.
9. Let a copy of this order be communicated to the
Superintendent of Police, Saharsa through FAX for its
compliance.
(Sandeep Kumar, J)
atul/-
U T
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