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Patna High Court

Rina DeviversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The bail application of the petitioner was denied.

Summary

Rina Devi, a former Mukhiya, was charged under sections 406 and 420 of the Indian Penal Code for allegedly cheating a contractor in a Rs 25.5 lakh LED installation scheme, where she and co‑accused were said to have withdrawn money and failed to return the balance. She applied for bail, claiming innocence, a clean record, and that the case was fabricated due to political rivalry. The State opposed the bail, emphasizing the seriousness of the alleged offences. The Court examined the nature and gravity of the accusations and the risk of tampering with evidence. Considering these factors, the Court rejected the bail application, concluding that the petitioner should remain in custody pending trial.

Issues considered

  • What is the appropriate decision on the bail application of a petitioner accused of cheating and criminal breach of trust under sections 406 and 420 IPC?

Legislation cited

Subjects

  • bail
  • criminal breach of trust
  • cheating
  • IPC sections 406
  • IPC sections 420
  • political rivalry
  • LED installation scheme

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.67719 of 2025
                  Arising Out of PS. Case No.-2608 Year-2022 Thana- EAST CHAMPARAN COMPLAINT
                                                 District- East Champaran
                 ======================================================
                 Rina Devi W/O Mukesh Kumar @ Mukesh Yadav Ex- Mukhiya Gram
                 Panchayat Raj Gheghwa, Resident of Village- Phajilpur, Police Station-
                 Rajepur, District- East Champaran at Motihari         ... Petitioner/s
                                                    Versus
           1.     The State of Bihar Patna
           2.     Rajnish Kumar Pandey S/O Dharmendra Kumar Pandey Resident of Village-
                  Raghunathpur, Police Station- Raghunathpur O.P., District- East Champaran
                  at Motihari
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Karandeep Kumar, Advocate
                 For the Opposite Party/s :    Mr.Harendra Prasad, A.P.P.
                                               Mr. Abhishek Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   02-02-2026                    Heard learned counsel for the parties.
                                2. Petitioner apprehends arrest in a case registered for
                   the offence punishable under sections 406/420 of the Indian
                   Penal Code.
                                3. As per prosecution case, complainant is a contractor
                   and for the purpose of installation of LED light in the Panchayat
                   and village under the government scheme, this petitioner and
                   another co-accused contacted the complainant and entered into
                   an agreement for Rs 25,50,000/- for installation of 600 LED
                   lights in the Panchayat and village. It is stated that the
                   complainant installed the same in the Panchayat and village as
                   per contract made between the complainant and the petitioner
                   and other accused for which the accused persons gave Rs.
                   5,07,500/- to the complainant and assured him to return the
                   remaining amount after withdrawal of money. After some time,
                   complainant came to know that the accused persons withdrew
               Patna High Court CR. MISC. No.67719 of 2025(4) dt.02-02-2026
                                                           2/2




                         the money and when the complainant demanded his remaining
                         amount, they started making excuses, which shows that the
                         accused persons cheated the complainant.
                                      4. Learned counsel appearing for the petitioner
                         submits that the petitioner is former Mukhia and she is innocent
                         and has falsely been implicated in this case due to political
                         rivalry for getting wrongful gain. Petitioner claims clean
                         antecedent.
                                      5. Learned counsel for the State and the informant
                         oppose the prayer for bail.
                                      6. Considering the nature and gravity of accusation,
                         prayer for bail of the petitioner is rejected.



                                               (Prabhat Kumar Singh, J)
shashi/-

U          T


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