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Patna High Court

Sudhir Kumar @ Sudhir Kumar BhartiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, given the petitioner’s clean antecedents, the precedent of bail to a co‑accused, and the conditions imposed, anticipatory bail is warranted under Section 482(2) of the CrPC.

Summary

The petitioner, Sudhir Kumar Bharti, was implicated in a case alleging fraud in the distribution of government relief (G.R.) to ineligible flood‑affected beneficiaries, with accusations of taking a commission of Rs. 500 and offences under IPC sections 406, 409 and 34. He applied for anticipatory bail, asserting a clean record and that the main thrust of the FIR is against government officials, not him. The State opposed, fearing the petitioner might abscond and that his involvement disadvantaged eligible beneficiaries. The court noted that a co‑accused, Kapilesh Kumar, had already been granted anticipatory bail and considered the petitioner’s assurances of cooperation. Accordingly, the court granted anticipatory bail subject to a bail bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the CrPC, while reserving the right of the trial court to cancel the bail if the petitioner fails to cooperate.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioner under the circumstances?
  • Whether the petitioner is likely to abscond or tamper with evidence if bail is granted?

Legislation cited

Subjects

  • anticipatory bail
  • IPC 406
  • IPC 409
  • IPC 34
  • fraud
  • government relief distribution
  • bail conditions
  • non‑absconding

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71939 of 2025
                      Arising Out of PS. Case No.-142 Year-2024 Thana- NAUHATTA District- Saharsa
                 ======================================================
                 Sudhir Kumar @ Sudhir Kumar Bharti Son of Satya Narayan Yadav @ Shiv
                 kumar Yadav R/o - Chandrayan, P.s - Nauhatta, District - Saharsa.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Binod Murari Mishra, Advocate
                 For the Opposite Party/s :       Mr. Ram Priya Sharan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   29-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 406, 409

                   and 34 of the Indian Penal Code.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that in light of directions received from the District

                   Magistrate, Saharsa dated 08.06.2025 with regard to the

                   irregularities found in the distribution of G.R among the flood

                   affected families of flood affected Panchayat of Nauhatta zone in

                   the flood year 2023, the FIR was instituted alleging that G.R.

                   amount was provided to more than 1200 ineligible beneficiaries.

                                4. Learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the instant case by the
Patna High Court CR. MISC. No.71939 of 2025(3) dt.29-04-2026
                                            2/3




          informant. It is next submitted that from perusal of the allegation

          as alleged in the FIR, it would manifest that thrust of the

          allegation is against the government officials, but then petitioner

          is not a government employee and during the course of

          investigation, it transpired that petitioner took commission of Rs.

          500 for getting the G.R. amount distributed to ineligible

          beneficiaries. It is further submitted that similarly situated co-

          accused Kapilesh Kumar has been granted the privilege of

          anticipatory bail by an order dated 11.02.2026 in Criminal

          Miscellaneous No. 71273 of 2025 passed by a learned Co-

          ordinate Bench.

                       5. Learned A.P.P. for the State opposes the anticipatory

          bail application of the petitioner and submits that ineligible

          beneficiaries were given the benefit at the cost of eligible

          beneficiaries and involvement of petitioner has transpired hence

          if privilege of anticipatory bail is granted, the petitioner may

          abscond since he is not a government employee, on which the

          learned counsel appearing on behalf of the petitioner submits that

          petitioner will not abscond rather will cooperate in the

          investigation to prove his innocence.

                       6. Considering the submissions made by the learned

          counsel for the petitioner and taking into consideration the fact

          that Kapilesh Kumar has been granted the privilege of
            Patna High Court CR. MISC. No.71939 of 2025(3) dt.29-04-2026
                                                        3/3




                      anticipatory bail, the petitioner above-named, in the event of his

                      arrest or surrender within a period of six weeks from today, be

                      released on anticipatory bail on furnishing bail bonds of Rs.

                      10,000/- (Rupees Ten Thousand) with two sureties of the like

                      amount each to the satisfaction of the learned trial court where the

                      case is pending/successor court in connection with Nauhatta P.S.

                      Case No. 142 of 2024 subject to the conditions as laid down

                      under Section 482 (2) of BNSS.

                                   7. One of the bailors of the petitioner shall be his father

                      namely Satya Narayan Yadav @ Shiv Kumar Yadav.

                                   8. However, it is made clear that in the event if the

                      Investigating Officer of the case files an application before the

                      learned Trial Court bringing to its notice that petitioner despite

                      giving assurance to this Court is not co-operating in the

                      investigation, in that event the learned Trial Court shall be at

                      liberty to cancel the bail bonds of the petitioner.

                                   9. Accordingly,        the     instant   anticipatory   bail

                      application stands allowed.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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