Patna High Court
Ashok Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted to petitioners 1 and 2, while the application of petitioner 3 was dismissed as withdrawn.
Summary
The petitioners, Ashok Kumar Singh and Suresh Yadav, filed an anticipatory bail application in a case registered under IPC sections 420, 409 and 477(A) concerning the non‑deposit of merit lists by Panchayat Secretaries. Their co‑petitioner, Indra Mohan Sahni, was arrested during the pendency of the application and the petitioners sought to withdraw his bail request, which the court permitted. The petitioners argued that the FIR was a misuse of power and that no criminal offence was made out, contending that the aggrieved officer could have pursued departmental action instead. The State opposed the grant of anticipatory bail. The court, after considering the submissions, dismissed the application of petitioner 3 as withdrawn and granted anticipatory bail to petitioners 1 and 2 subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS.
Issues considered
- The appropriateness of granting anticipatory bail to the petitioners for alleged offences under IPC sections 420, 409 and 477(A).
- Whether the FIR constitutes a misuse of power in the absence of a criminal offence.
- The procedural effect of withdrawing an anticipatory bail application after arrest.
Legislation cited
- Indian Penal Code — s. 409, 420, 477A
Subjects
- anticipatory bail
- IPC 420
- IPC 409
- IPC 477A
- misuse of power
- FIR
- bail conditions
- Darbhanga
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67685 of 2025
Arising Out of PS. Case No.-293 Year-2016 Thana- DARBHANGA SADAR District-
Darbhanga
======================================================
1. Ashok Kumar Singh Son of Late Shreedhar Singh Resident of Village-
Hanuman Nagar, Supaul, P.S.- Biroul, Dist- Darbhanga
2. Suresh Yadav son of Late Ram Khelawan Yadav Resident Of Village-
Nariyal tol, Ps- Keoti, Dist- Darbhanga
3. Indra Mohan Sahni Son of Late Sitai Sahni Resident Of Village- Jaughatta,
ps- Bahera, Distt- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saurav Anand
For the Opposite Party/s : Mr.Bhanu Pratap Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 10-02-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. Learned counsel for the petitioner, at the outset,
seeks permission to withdraw the anticipatory bail application
with respect to petitioner no. 3 (Indra Mohan Sahni), who was
arrested during pendency of the instant application.
3. Permission is accorded.
4. Accordingly, the anticipatory bail application is
dismissed as withdrawn with respect to petitioner no. 3 (Indra
Mohan Sahni).
5. The petitioners apprehend their arrest in a case
Patna High Court CR. MISC. No.67685 of 2025(3) dt.10-02-2026
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registered for the offences punishable under Sections 420, 409
and 477(A) of the Indian Penal Code.
6. Learned counsel for the petitioners submits that
petitioner nos. 1 and 2 have antecedent of one case. It is next
submitted that the District Programme Officer (Establishment),
Darbhanga vide letter no. 2199 dated 07.06.2016 directed the
Panchayat Secretaries for depositing the merit list, folder file of
Niyojit Teachers appointed in between 2003 to 18.05.2015 till
16.06.2016 but the Panchayat Secretary of different Panchayats
did not deposit the merit list.
7. Learned counsel for the petitioners submits that
from tenor of the allegation, it would manifest that no criminal
offence is made out. It is further submitted that if the District
Programme Officer was aggrieved by the fact that merit list etc.
was not being submitted by the concerned Panchayat Secretary
in that event he could have proceeded against them
departmentally but then institution of the instant FIR was a
complete misuse of the power by resorting to a criminal
proceeding. It is next submitted that similarly situated co-
accused Ashok Kumar Sahni had approached this Court seeking
anticipatory bail by filing Cr. Misc No. 23981 of 2025 and the
same came to be allowed by an order dated 30-4-2025.
Patna High Court CR. MISC. No.67685 of 2025(3) dt.10-02-2026
3/3
8. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
9. Considering the submissions made by the learned
counsel for the petitioners, the petitioner nos. 1 and 2, above-
named, in the event of their arrest or surrender within a period
of six weeks from today, be released on anticipatory bail on
furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand)
each 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 Darbhanga Sadar P.S. Case No. 293 of 2016,
subject to the conditions as laid down under Section 482 (2) of
the BNSS.
(Satyavrat Verma, J)
Sumit/-
U T
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