Patna High Court
Nand Kumar Sah @ Nand Kumar NirajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court confirmed the provisional bail and allowed regular bail without fresh bond, subject to the petitioner’s undertaking to complete the construction work or return the balance amount.
Summary
The petitioner, Nand Kumar Sah, was arrested in August 2025 for alleged defalcation of Rs.30,17,661 meant for a school construction project, charged under IPC sections 406, 409 and 420. He had earlier been granted provisional bail on 17 January 2026, after which he sought regular bail, claiming he was ready to complete the construction work or return the remaining funds and that his salary as headmaster had been unpaid since 2021. The court examined whether the seriousness of the offences warranted continued detention and considered the petitioner’s undertaking to cooperate with authorities. Relying on the earlier provisional bail order and the petitioner’s willingness to comply, the court confirmed the provisional bail and allowed the regular bail without requiring fresh bail bonds. The bail was conditioned on the petitioner either completing the construction work or returning the balance amount, and the authorities were directed to proceed against him as per his undertaking.
Issues considered
- Whether regular bail should be granted in a case involving alleged criminal breach of trust, criminal misappropriation of property and cheating under IPC sections 406, 409 and 420.
- Whether the conditions imposed on bail are sufficient to safeguard the interests of the State and ensure restitution.
Legislation cited
- Indian Penal Code — s. 406, 409, 420
Subjects
- bail
- regular bail
- provisional bail
- IPC 406
- IPC 409
- IPC 420
- defalcation
- school construction
- criminal breach of trust
- cheating
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72349 of 2025
Arising Out of PS. Case No.-73 Year-2017 Thana- SONBERSHA RAJ District- Saharsa
======================================================
Nand Kumar Sah @ Nand Kumar Niraj Son of Bishnudeo Sah Resident of
village- Bhavra Ward no 10, PS- Sonbarsaraj, District- Saharsa
... ... Petitioner
Versus
1. The State of Bihar
2. Mithilesh Kumar Singh S/o Janardhan Prasad Singh R/o vill - Bhargama,
P.S.- Chausa, Distt- Madhepura, The then Block Education Officer, Sonbarsa
Raj, Distt.- Saharsa
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner : Mr. Pawan Kumar, Advocate
For the State : Mr. Zainul Abedin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 05-05-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in
connection with Sonbarsa Raj P.S. Case No.73 of 2017
registered for the offence under sections 406, 409 and 420 of the
Indian Penal Code.
3. The petitioner is accused of defalcating
Rs.30,17,661/- meant for construction of school building. He is
in custody since 12.08.2025.
4. Learned counsel for the petitioner submits
that a co-ordinate Bench of this Court vide order dated
17.01.2026 had granted provisional bail to the petitioner and
after being released from the custody the petitioner had
Patna High Court CR. MISC. No.72349 of 2025(5) dt.05-05-2026
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represented before the authorities to finalize the measurement
book and he is ready to complete the construction work / pay the
balance amount as per the measurement book but the authorities
are not doing the same. He further submits that the petitioner,
who was working as headmaster of the school, has not been paid
his salary since 2021, for which he had filed a case in the
Tribunal pursuant to the direction of this Court, which is still
pending.
5. Considering the facts of the case and also the
submissions of learned counsel for the petitioner, the provisional
bail granted to the petitioner vide order dated 17.01.20226 is
hereby confirmed. He is not required to furnish fresh bail bonds.
6. This is subject to the condition that the
petitioner shall abide by his submissions, as noted above, i.e.
either he complete the construction work or return the balance
amount in question. The authorities may proceed against the
petitioner as per his undertaking.
7. Accordingly, the present bail application is
allowed.
(Sandeep Kumar, J)
pawan/-
U T
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