Patna High Court
Amit Kumar (Constable /726)versusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANIL KUMAR SINHA
Holding
The anticipatory bail application was dismissed, denying the petitioner relief.
Summary
The petitioner, Constable Amit Kumar, applied for anticipatory bail in a case alleging forgery of signatures on diesel coupons and misappropriation of government funds amounting to 400 litres of diesel. The FIR charges him under Sections 316(5), 318(4), 338 and 336(3) of the Bhartiya Nyaya Sanhita, 2023. The petitioner contended he merely received the coupons from colleagues Jitesh and S.L. Shivam Dhakar and denied any wrongdoing, while the prosecution argued that the alleged signatories denied the signatures, indicating fraud. The court considered the seriousness of the alleged misappropriation of public funds and the lack of credible evidence supporting the petitioner’s claim. Consequently, the court was not persuaded to grant anticipatory bail and dismissed the application.
Issues considered
- Whether anticipatory bail should be granted to the petitioner accused of forgery and misappropriation of government funds under the Bhartiya Nyaya Sanhita, 2023.
- Whether the denial of signature authenticity by the alleged signatories justifies denial of bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 316(5), 318(4), 336(3), 338
Subjects
- anticipatory bail
- misappropriation of government funds
- forgery
- diesel procurement
- Bhartiya Nyaya Sanhita
- Sections 316, 318, 338, 336
- police officer
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65718 of 2025
Arising Out of PS. Case No.-450 Year-2025 Thana- MOTIHARI TOWN District- East
Champaran
======================================================
Amit Kumar (Constable /726) Son of Naresh Prasad Mandal Resident of
Village - Basgara Rampur, P.S. - Forbesganj, District - Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Indu Bhushan
For the Opposite Party/s : Mr.Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 24-02-2026 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 Motihari Town Police Station Case No. 450 of 2025,
dated 29.05.2025, disclosing offences punishable under
Sections 316(5)/318(4)/338/336(3) of the Bhartiya Nyaya
Sanhita, 2023.
3. The prosecution case, as per the First Information Report,
is that the petitioner, after forging the signatures of his
superior authority on the coupon for procuring diesel for
the generator, has misappropriated the government fund,
equivalent to 400 litres of diesel.
4. Learned Counsel for the petitioner submits that the
Patna High Court CR. MISC. No.65718 of 2025(5) dt.24-02-2026
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petitioner is innocent and has falsely been implicated in
this case. He further submits that the petitioner was not
the custodian of the coupons, rather, the coupons, in
question, were handed over to him by Jitesh and S.L.
Shivam Dhakar, which were given to the petitioner for
taking diesel for the generator. He further submits that
there is no complaint about missing of any of the
coupons, which can be used by the petitioner. He further
submits that the initials of Jitesh and S.L. Shivam Dhakar
were not sent for its examination and on their mere
denial, the petitioner has been made accused in this case.
5. On the other hand, learned Additional Public Prosecutor
vehemently opposes the prayer for anticipatory bail and
submits that during investigation, the two persons, whose
initials are alleged to be there on the coupons, have
denied that the signatures on the coupons are their initials
and there is no occasion to disbelieve their statements.
6. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the fact that
the allegation against the petitioner is of misappropriation
of government fund, the petitioner is member of the
uniformed service and the Police Officers have denied the
Patna High Court CR. MISC. No.65718 of 2025(5) dt.24-02-2026
3/3
initials appearing on the coupons to be their initials, I am
not inclined to grant the petitioner privilege of
anticipatory bail.
7. This application is, accordingly, dismissed
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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