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Patna High Court

Kapilesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that despite the serious nature of the allegations, the petitioner is entitled to bail, subject to conditions, because the accusations are omnibus, the relief amount has been recovered, and there is no risk to the investigation.

Summary

Kapilesh Kumar sought bail after an FIR was lodged under Sections 406, 409 and 34 of the Indian Penal Code alleging that he furnished false documents to obtain flood‑relief funds for ineligible persons in collusion with a Circle Officer and revenue staff. The petitioner argued that the relief amount had been recovered after verification and that the FIR contained only omnibus accusations without specific evidence against him. The State opposed bail, contending that the petitioner and others colluded to secure undue benefits. The court noted the omnibus nature of the allegations, the recovery of the misappropriated amount, and the petitioner’s clean antecedent, and therefore granted bail subject to a bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. The order also required that one bailor be a close family member of the petitioner.

Issues considered

  • Whether bail can be granted in a case involving offences under Sections 406, 409 and 34 IPC with omnibus allegations.
  • Whether the recovery of the misappropriated flood‑relief amount and the petitioner’s antecedents justify bail.
  • Whether the conditions prescribed under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 are satisfied.

Legislation cited

Subjects

  • bail
  • criminal breach of trust
  • extortion
  • conspiracy
  • flood relief fraud
  • omnibus accusation
  • Section 482
  • Indian Penal Code
  • Bharatiya Nagrik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71273 of 2025
                      Arising Out of PS. Case No.-142 Year-2024 Thana- NAUHATTA District- Saharsa
                 ======================================================
                 Kapilesh Kumar S/O Janardan Prasad Singh R/o Vill.- Dharhara, Ward No.02,
                 P.S - Nauhatta, District - Saharsa

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Binod Murari Mishra
                 For the Opposite Party/s :       Mr.Ram Sevak Choudhary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

3   11-02-2026                  Heard the parties.

                                2. The petitioner apprehends his arrest in connection

                   with Nauhatta P.S. Case No. 142 of 2024, registered for the

                   offences punishable under Sections 406, 409, 34 of the Indian

                   Penal Code.

                                3. The allegation against the petitioner is of furnishing

                   wrong documents in favour of the so called beneficiaries and

                   thereby allowed flood relief amount to them in collusion with

                   the Circle Officer, Nauhatta and the Revenue Karamchari,

                   which led to institution of the FIR.

                                4. Learned Advocate for the petitioner referring to the

                   FIR contended that after proper enquiry and verification, the

                   flood relief amount, which was given to the ineligible persons,

                   the same has been recovered. Moreover, in the FIR there is no
Patna High Court CR. MISC. No.71273 of 2025(3) dt.11-02-2026
                                            2/3




          omnibus accusation that the petitioner and others have extended

          undue benefit to ineligible persons; besides specific accusation

          has been levelled against the State officials. The petitioner along

          with five other persons are said to be brokers, who were

          involved in getting the flood relief amount in favour of some

          ineligible persons.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submitted that the

          petitioner along with others in collusion with each other

          succeeded in getting undue benefit of flood relief in favour of

          ineligible persons.

                       6. Having considered the submissions advanced by

          the learned Advocates for the respective parties and taking note

          of the omnibus nature of allegation, coupled with the fact that

          during the course of enquiry, the name of the ineligible persons

          were identified and the process has been issued to recover the

          amount, besides the fair antecedent of the petitioner, let the

          petitioner abovenamed be released on bail, in the event of his

          arrest or surrender before the court below within a period of four

          weeks from the date of receipt/production of a copy of this

          order, upon furnishing bail bonds of Rs.10,000/- (ten thousand)

          with two sureties of the like amount each to the satisfaction of
           Patna High Court CR. MISC. No.71273 of 2025(3) dt.11-02-2026
                                                       3/3




                     the learned Chief Judicial Magistrate, Saharsa in connection

                     with Nauhatta P.S. Case No. 142 of 2024, subject to the

                     conditions laid down in Section 482(2) of the Bharatiya Nagrik

                     Suraksha Sanhita, 2023, with the further condition that one of

                     the bailors shall be the own/close family members of the

                     petitioner.



                                                 (Harish Kumar, J)
Anjani/-

U      T


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