Patna High Court
Nikhat PraveenversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, a village Mukhiya, was implicated in a case alleging misappropriation of Rs.43,79,850 and charged under several sections of the B.N.S., 2023. She applied for anticipatory bail, asserting a clean antecedent, that the allegations were false, and that an inquiry report by the D.D.C. showed work had been done and charges not proved for most schemes. The State opposed the bail. The Court, after considering the submissions, granted anticipatory bail conditioned on surrender within six weeks, furnishing a bail bond of Rs.25,000 with two sureties, and subject to Section 482(2) of the B.N.S.S., with a provision for cancellation if she fails to cooperate. The order also directed a copy to be sent to the concerned police station.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
Legislation cited
- B.N.S. — s. 316(2), 316(5), 318(4), 336(3), 338, 340(2), 482(2)
Subjects
- anticipatory bail
- misappropriation of funds
- public servant
- B.N.S. 2023
- Section 482
- bail conditions
- cooperation with investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66936 of 2025
Arising Out of PS. Case No.-544 Year-2025 Thana- GARKHA District- Saran
======================================================
Nikhat Praveen Son of Gulame Gaush @ Ghulam Gaus R/o Village - Bangari,
P.O. Basant, P.S. - Garkha, District - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikash Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends her arrest in a case registered
for the offences punishable under Sections 338, 336(3), 340(2),
316(2), 316(5) and 318(4) of B.N.S., 2023.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is a woman and
the informant alleges that an amount of Rs.43,79,850/- has been
misappropriated without doing any government work by the
Mukhiya along with other accused persons.
4. Learned counsel for the petitioner submits that
petitioner being a Mukhiya has been falsely implicated in the
instant case by the informant. It is next submitted that from
perusal of Annexure-P-2, i.e., Letter No.103, dated 23.06.2025,
Patna High Court CR. MISC. No.66936 of 2025(5) dt.19-01-2026
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issued under the signature of the D.D.C., Saran, Chapra, it
would manifest that D.D.C. has submitted his inquiry report and
from perusal of the same, it would manifest that work has been
done. It is further submitted that the inquiry report does not
suggest that the entire amount has been siphoned off. It is next
submitted that D.D.C. has not found the charges proved with
respect to seven schemes but as far as three schemes are
concerned, it is alleged that the work has not been done
properly. It is also submitted that petitioner will not abscond
rather will cooperate in the investigation to prove her innocence.
5. Learned APP opposes the anticipatory bail
application.
6. Considering the submissions made by learned
counsel for the petitioner, let petitioner, above-named, in the
event of her arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bond of Rs.25,000/- (Rupees
Twenty Five Thousand) with two sureties of the like amount
each to the satisfaction of the learned trial court where the case
is pending/Successor Court in connection with Garkha P.S. Case
No.544 of 2025, subject to the conditions as laid down under
Section 482(2) of B.N.S.S.
Patna High Court CR. MISC. No.66936 of 2025(5) dt.19-01-2026
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7. However, it is made clear that in the event, if any
application is filed by the Investigating Officer before the
learned Trial Court bringing to its notice that petitioner, despite
giving assurance to this Court, is not cooperating in the
investigation, the learned Trial Court shall be at liberty to cancel
the bail bond of the petitioner after recording reasons.
8. Let a copy of this order be sent to the concerned
Police Station through the learned Trial Court.
(Satyavrat Verma, J)
Sanjay/-
U T
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