Patna High Court
Raman MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
- Indian Penal Code — s. 34, 406, 409, 420
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
Checking your session…