Patna High Court
Aryan KashyapversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court confirmed the provisional anticipatory bail and ordered the petitioner to remain on the same bail bond.
Summary
Aryan Kashyap was arrested in connection with FIR No.56 of 2025 alleging embezzlement of Rs 10,03,908 by supplying substandard materials for the Solid and Liquid Waste Management Scheme under the Lohia Swachh Bihar Abhiyan. The FIR invoked Sections 318(4), 316(5), 336(2) and 336(3) of the Bhartiya Nyaya Sanhita, 2023. The petitioner contended that the supplied goods met specifications, caused no loss, and he was prepared to replace them, noting that he had not been black‑listed and that a district development commissioner’s letter had authorized procurement from alternative agencies. He applied for anticipatory bail, while the State opposed the relief. The Court, after considering the submissions, confirmed the provisional bail previously granted on 26‑02‑2026 and directed the petitioner to remain on the same bail bond.
Issues considered
- Whether anticipatory bail should be granted to the petitioner accused under Sections 318(4), 316(5), 336(2) and 336(3) of the Bhartiya Nyaya Sanhita, 2023.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 316(5), 318(4), 336(2), 336(3)
Subjects
- anticipatory bail
- embezzlement
- substandard goods
- waste management scheme
- Bhartiya Nyaya Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70678 of 2025
Arising Out of PS. Case No.-56 Year-2025 Thana- RAHIKA District- Madhubani
======================================================
Aryan Kashyap S/o Pramendra Jha R/o Village- Behata, P.S.- Benipatti, Dist.-
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhavesh Kumar Sah
For the Opposite Party/s : Mr.Uday Chand Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 22-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Rahika P.S. Case No. 56 of 2025 registered for the offence
punishable under Sections 318(4), 316(5). 336(2), 336(3) of the
Bhartiya Nyaya Sanhita, 2023.
3. As per the allegation made in the F.I.R., petitioner
has embezzled a sum of Rs.10,03,908/- by supplying
substandard materials relating to E-Rickshaw, Pedal Rickshaw,
Community Dustbin, HH Dustbin and other accessories under
Solid and Liquid Waste Management Scheme (SLWM) under
Lohia Swachh Bihar Abhiyan to Gram Panchayat Sanaur.
4. Learned counsel for the petitioner submits that
petitioner had supplied the materials as per the Government
Patna High Court CR. MISC. No.70678 of 2025(4) dt.22-06-2026
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Specification and the Government has not suffered any loss due
to supply of any sub standard goods. Learned counsel further
submitted that to buy peace of mind, if allowed, he is ready to
change all the required accessories for the Solid and Liquid
Waste Management Scheme (SLWM) under Lohia Swachh
Bihar Abhiyan. Learned counsel has further submitted that the
petitioner has not been blacklisted in spite of the F.I.R. having
been lodged by the Block Development Officer till date. He
further submitted that as per directives of government, the
suppliers were directed to purchase the areticles from Jim Portal
but there was delay in purchasing of articles from Jim Portal and
hence, District Development Commissioner-cum-Chairman of
District Water and Sanitation Committee Madhubani, by its
letter no. 1217 dated 06.06.2022, directed the supply agency to
supply articles to purchase articles as per specification from
other agency and supply the same in panchayat. The four men
committee report is vague and withheld the report of District
Development Commissioner, Madhubani. On aforesaid grounds,
learned counsel seeks that the petitioner be released on
anticipatory bail.
5. Learned A.P.P. for the State has opposed the bail
petition.
Patna High Court CR. MISC. No.70678 of 2025(4) dt.22-06-2026
3/3
6. Considering the aforesaid facts and circumstances,
the provisional bail granted to the petitioner, vide order dated
26.02.2026, is, hereby, confirmed and petitioner is directed to
remain on same bail-bond.
(Prabhat Kumar Singh, J)
anay
U T
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