Patna High Court
Arjun Prasad Yadav @ Arjun RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail may be granted subject to the petitioners depositing the entire amount received and furnishing bail bonds as required under Section 482(2) of the CrPC.
Summary
The High Court heard two criminal miscellaneous applications arising from the same police case (Bhagwan Bazar PS Case No. 193 of 2012) in which the petitioners, Manoj Kumar Singh and Arjun Prasad Yadav, were accused under IPC sections 420, 467, 468, 471 and 120B for allegedly defalcating a large sum of government money. The petitioners claimed innocence, stating that the amounts were transferred to their accounts by the co‑accused and that they were ready to return the entire sum to the government. The State opposed the grant of bail. After considering the submissions, the Court disposed of both applications, granting the petitioners liberty to apply for anticipatory bail in the lower court, provided they deposit the full amount received, furnish bail bonds of Rs 10,000 each with two sureties, and comply with conditions under Section 482(2) of the CrPC. The order directed the lower court to verify the amount transferred before releasing the petitioners on bail.
Issues considered
- Whether anticipatory bail can be granted to the petitioners in a case involving offences under IPC sections 420, 467, 468, 471 and 120B.
- Whether the petitioners must deposit the entire amount allegedly received before being released on anticipatory bail.
- What conditions may be imposed under Section 482(2) of the CrPC when granting anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Indian Penal Code — s. 120B, 420, 467, 468, 471
Subjects
- anticipatory bail
- Indian Penal Code
- CrPC Section 482
- defalcation of government funds
- high court order
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62742 of 2025
Arising Out of PS. Case No.-193 Year-2012 Thana- BHAGWAN BAZAR District- Saran
======================================================
Manoj Kumar Singh S/O Bishram Singh R/O Village- Kerwani Patti Aami,
P.S.- Dighwara, District- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 68888 of 2025
Arising Out of PS. Case No.-193 Year-2012 Thana- BHAGWAN BAZAR District- Saran
======================================================
Arjun Prasad Yadav @ Arjun Rai S/O Late Jaglal Rai R/O Village- Lodipur,
P.S- Doriganj, District- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 62742 of 2025)
For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate
For the Opposite Party/s : Ms. Suman Kumari Singh
(In CRIMINAL MISCELLANEOUS No. 68888 of 2025)
For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate
For the Opposite Party/s : Ms. Renu Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 26-02-2026 These cases arise out of the same P.S. Case i.e.,
Bhagwan Bazar P.S. Case No. 193 of 2012 therefore, they are
being heard together and disposed of by a common order.
2. Heard the learned counsels for the petitioners and
learned counsel for the State.
3. The petitioners apprehend arrest in connection with
Patna High Court CR. MISC. No.62742 of 2025(6) dt.26-02-2026
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Bhagwan Bazar P.S. Case No. 193 of 2012 registered for
offences under Sections 420, 467, 468, 471, & 120B of the
Indian Penal Code.
4. As per the prosecution case, the named accused
persons including the petitioners are accused of defalcating a
huge amount of government money.
5. Learned counsel for the petitioners submits that the
petitioners are innocent and have not committed any offence. He
further submits that the names of the petitioners have transpired
in the investigation and some amount has been transferred to
their accounts by the named accused persons. He also submits
that both petitioners are ready to deposit the entire amount
transferred to their accounts with the government.
6. Learned APP for the State has vehemently opposed
the prayer for bail.
7. I have considered the submissions of the parties and
perused the case records. Both applications are disposed of with
liberty to the petitioners to move the learned Court below for
anticipatory bail. The Court below will hear the petitioners and
the informant, and after verifying the exact amount transferred
into the petitioners' accounts, the petitioners shall be required to
deposit the entire amount with the government. If the petitioners
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deposit the entire amount, they shall 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 learned Court below where the case is
pending/successor Court in connection with Bhagwan Bazar
P.S. Case No. 193 of 2012 subject to the conditions as laid down
under Section 482(2) of the BNSS; otherwise, appropriate
orders shall be passed by the Court below.
(Sandeep Kumar, J)
Shishir/-
U T
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