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Patna High Court

Raman MahtoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted pre‑arrest bail to the petitioners, subject to bond and conditions.

Summary

The petitioners, Raman Mahto and Ramjatan Baitha, ward officials, were charged under IPC sections 406, 409, 420 and 34 for allegedly withdrawing Rs 16.95 lakh from a ward implementation account, completing work worth Rs 9.26 lakh under the Har Ghar Nal Ka Jal Yojna, and allegedly embezzling the remaining Rs 7.71 lakh. They applied for pre‑arrest bail, claiming innocence and presenting a measurement book indicating that the work had been completed and payments made to the contractor. The State opposed the bail. The court observed that the measurement book did not conclusively show completion of the work and that other officials, including a junior engineer, might also be responsible for any loss, but noted that the alleged loss was of a civil nature and could be recovered. Consequently, the court granted pre‑arrest bail subject to a bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the BNSS, directing the district court to verify the petitioners' criminal antecedents.

Issues considered

  • Whether pre‑arrest bail should be granted in a case involving alleged criminal breach of trust, cheating and dishonest misappropriation under IPC sections 406, 409, 420 and 34.
  • Whether the alleged loss of public funds is of a civil nature that warrants bail pending trial.

Legislation cited

Subjects

  • pre‑arrest bail
  • em embezzlement
  • public funds
  • IPC 406
  • IPC 409
  • IPC 420
  • common intention
  • ward committee
  • measurement book
  • corruption

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.66206 of 2025
                    Arising Out of PS. Case No.-111 Year-2023 Thana- PATAHI District- East Champaran
                 ======================================================
           1.     Raman Mahto S/o Krishna Mahto
           2.    Ramjatan Baitha S/o Ganga Baitha
                 Both are R/o Village - Ratansayar, Ward No. 6, P.S - Patahi, District - East
                 Champaran at Motihari

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Radha Mohan Singh, Advocate
                 For the Opposite Party/s :        Mr.Parmeshwar Mehta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   21-01-2026                  Heard Mr. Radha Mohan Singh, learned counsel

                   appearing on behalf of the petitioners and Mr. Parmeshwar

                   Mehta, learned APP for the State.

                                2. The petitioners seek pre-arrest bail in connection

                   with Patahi P.S. Case No. 111 of 2023 registered for the

                   offence(s) punishable under Sections 406, 409, 420 and 34 of

                   the Indian Penal Code.

                                3. As per the allegation made in the FIR, the

                   petitioners no.1 and 2, being Ward Member and Ward Secretary

                   respectively of Ward No.6 of Village Ratansayar, has withdrawn

                   Rs.16,95,000/- from the account of Ward Implementation and

                   Management Committee for the financial year 2018-19 and only
Patna High Court CR. MISC. No.66206 of 2025(3) dt.21-01-2026
                                            2/4




          completed the work amounting to Rs.9,26,353/-, relating to

          scheme Har Ghar Nal Ka Jal Yojna as per measurement book

          and     embezzled        the    remaining       government    money     of

          Rs.7,71,647/-.

                       4. Learned counsel appearing on behalf of the

          petitioners submitted that petitioners are           innocent and have

          falsely been implicated in the present case. Learned counsel

          relying on a photocopy of the measurement book in respect of

          the implementation of the Har Ghar Nal Ka Jal Yojna scheme

          of the State Government, submitted that the work completion

          certificate has been furnished and total payment of money as per

          the bill raised by the contractor in execution of the work were

          made. Learned counsel informs that though he has not brought

          on record the manner in which the scheme has to be carried and

          who is responsible for the implementation of the scheme but it

          is apparent from the measurement book that                   materials are

          supplied by the Panchati Raj Department and the materials to

          the extent was utilized in the work execution. As per the

          measurement book, a sum of Rs. 16,21,705/- has been received

          by the petitioners, which shows that the entire work has been

          completed. Petitioners have clean antecedents. On these grounds

          petitioners seek to be release on pre-arrest bail.
Patna High Court CR. MISC. No.66206 of 2025(3) dt.21-01-2026
                                             3/4




                       5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                       6. Having considered the rival submissions made on

          behalf of the parties, I find that from the said measurement

          book, it is not clear, as to whether, the work has been completed.

          However, taking into consideration the role of the petitioners, I

          find that the not only the petitioners are responsible for any loss

          to the government and inconvenience caused to the poor public

          but other government officials who are named in the FIR are

          also equally responsible. The scheme on date has failed. In such

          circumstances, the work has been completed amounting to

          Rs.9,26,353/- but petitioners, who are Ward Member and Ward

          Secretary of the concerned ward, have already received a sum

          of Rs.16,95,000/-. The Junior Engineer, who has signed the

          measurement         book      is   solely     responsible   for   incorrect

          measurement conducted by him, if the work has not been

          completed and any loss of Rs.7,71,647/- has been caused to the

          Government. The petitioners who have been paid a sum of

          Rs.9,26,353/- as per the measurement book, have, prima facie,

          made out a case to be released on pre-arrest bail in view of the

          civil nature of allegation, as if any loss has been caused to the

          government, the same can be realized from the petitioners or the
           Patna High Court CR. MISC. No.66206 of 2025(3) dt.21-01-2026
                                                       4/4




                     accused persons in accordance with law.

                                  7. The petitioners, above named, are directed to be

                     released on pre-arrest bail, in the event of their arrest or

                     surrender before the learned District Court within a period of

                     four weeks from today, on furnishing bail bond of Rs. 10,000/-

                     (Rupees Ten Thousand) each with two sureties of the like

                     amount each to the satisfaction of learned Judicial Magistrate,

                     1st Class, East Champaran at Motihari / Concerned Court in

                     connection with Patahi P.S. Case No. 111 of 2023 , subject to

                     the conditions as laid down under Section 482(2) of the BNSS.

                                  8. The learned District Court is directed to verify

                     the criminal antecedent of the petitioners and if it is found

                     that the petitioners are involved in some other cases, as

                     what has been stated in paragraph no.3 of the bail

                     application, this order will automatically lose its force.



                                               (Purnendu Singh, J)
Sanjay/-

U      T


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