Patna High Court
Balkrishna Mehta @ Balkrishna MahtoversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court held that anticipatory bail may be granted subject to verification of the Measurement Book and compliance with conditions under Section 482(2) of the Criminal Procedure Code.
Summary
The petitioner, Balkrishna Mehta, sought anticipatory bail in a case alleging misappropriation of public funds under several sections of the Indian Penal Code. The prosecution alleged that during his tenure as Mukhiya of Gram Panchayat Barhouna, irregularities and embezzlement occurred in various development schemes. The petitioner contended that he was transferred shortly after the schemes were sanctioned and that the execution was carried out by his successor, Ajit Kumar, who was not charged. The Court examined the timing of the transfer and directed the District Court to verify the Measurement Book to ascertain the quantum of work done during the petitioner’s tenure. It held that if the Measurement Book shows the amount in question corresponds to the petitioner’s period, anticipatory bail would be granted, subject to a bail bond and sureties under Section 482(2) of the CrPC. The order thus conditionally disposed of the petition for anticipatory bail.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the CrPC despite allegations of misappropriation under the IPC.
- Whether the petitioner’s transfer and handover of charge absolve him from liability for the alleged irregularities.
- Whether verification of the Measurement Book is necessary to determine the petitioner’s culpability.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 316(2), 316(5), 318(4), 336(3), 338, 340(2)
Subjects
- anticipatory bail
- public funds misappropriation
- panchayat
- measurement book
- section 482
- criminal procedure
- embezzlement
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70697 of 2025
Arising Out of PS. Case No.-176 Year-2024 Thana- SHAMPUR District- Munger
======================================================
Balkrishna Mehta @ Balkrishna Mahto S/O Late Bhagwan Prasad Mehta R/O
Vill./Mohalla- Ward no. 17, Naya Tola Chandpur, P.S.- Gogari, Dist.-
Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Kamal Nayan, Advocate
For the Opposite Party/s : Mr.Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 24-02-2026 Heard Mr. Kumar Kamal Nayan, learned counsel
appearing on behalf of the petitioner and Mr. Ajit Kumar,
learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in connection
with Shampur P.S. Case No. 176 of 2024 registered under
Sections 318(4),316(2),316(5),338,336(3),340(2) of the BNS.
3. The prosecution case, in brief, is that pursuant to
spot verification and enquiry conducted at Gram Panchayat Raj,
Barhouna, Block–Haveli Kharagpur, District–Munger, in
respect of various schemes of the Panchayati Raj Department,
serious irregularities were allegedly detected. These
irregularities were communicated to the informant vide Letter
No. 2887 dated 24.12.2024 issued by the District Magistrate,
Patna High Court CR. MISC. No.70697 of 2025(3) dt.24-02-2026
2/4
Munger. The enquiry purportedly revealed embezzlement and
misuse of government funds, including: incomplete master rolls
in Yojana No. 05/2023–2024 relating to the renovation of a
community hall at Ward No. 12 despite showing expenditure of
Rs. 4,93,200/- against an estimated cost of Rs. 4,93,800/- and
use of substandard materials in Yojana No. 07/2020–2021 for
renovation of a community hall at Mandal Tola, with
expenditure of Rs. 8,55,905/- against an estimated cost of Rs.
8,61,500/-, incomplete master rolls in Yojana No. 09/2022–2023
relating to renovation of the Angan Bari Centre at Ward No. 09,
despite showing expenditure of Rs. 3,71,532/- against an
estimated cost of Rs. 3,37,700/- and incomplete master rolls in
another Yojana No. 09/2022–2023 relating to the construction of
road and drainage from the house of Navin Mandal to the house
of Ramji Mandal, despite showing expenditure of Rs.
12,41,780/- against an estimated cost of Rs. 12,45,600/-. On the
basis of these findings, it is alleged that the petitioner, being the
Mukhiya of Gram Panchayat Barhouna, violated departmental
guidelines, and committed negligence and embezzlement of
public funds.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is innocent and he has
Patna High Court CR. MISC. No.70697 of 2025(3) dt.24-02-2026
3/4
falsely been implicated in the present case. Learned counsel
submitted that though the petitioner was posted at the relevant
Panchayat when the scheme was sanctioned, he was transferred
within a period of two months and handed over charge to
another Panchayat Sachiv, namely Ajit Kumar, on 17.08.2022.
The entire execution of the work was undertaken by the said
Ajit Kumar, who, however, has not been made an accused in the
present case. The petitioner has clean antecedent. On these
grounds, the petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of anticipatory bail and on the basis of the case
diary submitted that a sum of Rs. 2,71,546/- was
misappropriated by the petitioners.
6. Having considered the rival submissions made on
behalf of the parties, as well as, having perused of the materials
available on record, this Court finds that since the petitioner was
transferred shortly after sanction of the scheme and had handed
over charge on 17.08.2022, the extent of his involvement can be
ascertained from the Measurement Book with respect to the
work executed during his tenure.
7. Accordingly, the learned District Court is directed
to verify the entries in the Measurement Book and assess the
Patna High Court CR. MISC. No.70697 of 2025(3) dt.24-02-2026
4/4
quantum of work executed during the petitioners’ tenure.
8. In the event the Measurement Book reflects that the
work executed during the petitioner’s tenure corresponds to the
amount of Rs. 2,71,546/-, the petitioners shall be released on
anticipatory bail.
9. In the event the Measurement Book reflects that the
work executed during the petitioner’s tenure corresponds to the
amount of Rs. 2,71,546/-, the petitioners shall be released on
pre-arrest bail, in the event of his arrest or surrender before the
learned District Court within a period of four weeks from today,
on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned District Court where the case is pending / Concerned
Court in connection with Shampur P.S. Case No. 176 of 2024,
subject to the conditions as laid down under Section 482(2) of
the BNSS.
(Purnendu Singh, J)
Ashishsingh/-
U T
Checking your session…