Patna High Court
Rabban AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted bail to the petitioner subject to specified bond and surety conditions.
Summary
Rabban Ali, a former Panchayat Secretary, was charged under Sections 316(5), 318(4), 337 and 336(3) of the Bihar Negotiable Instruments Act for allegedly misappropriating Rs.2,53,623. The prosecution alleged that he and another individual diverted the amount while in office. The petitioner contended that he is innocent, that the alleged loss was later deposited by the ward member’s wife, and that no misappropriation occurred during his tenure. He also highlighted his clean antecedent and that the issue was raised only after his transfer. The High Court, after considering the submissions, granted bail on the condition of a Rs.10,000 bond with two sureties, imposing several compliance conditions, and ordered the application allowed.
Issues considered
- Whether bail should be granted to the petitioner pending trial for offences under Sections 316(5), 318(4), 337 and 336(3) of the Bihar Negotiable Instruments Act
- Whether the petitioner poses a flight risk or threat to the investigation
Legislation cited
- Bihar Negotiable Instruments Act — s. 316(5), 318(4), 336(3), 337
Subjects
- bail
- misappropriation
- Panchayat Secretary
- Criminal Procedure Code
- Bihar Negotiable Instruments Act
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72477 of 2025
Arising Out of PS. Case No.-46 Year-2025 Thana- TURKAULIYA District- East Champaran
======================================================
Rabban Ali Son of Dr Salim @ Salimuddin @ Salim R/o Village- Senwariya,
P.S.- Tujrkauliya, District- East Champaran, Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Kumar, Adv.
For the Opposite Party/s : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 08-01-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner seeks bail in connection with
Turkauliya P.S. Case No. 46 of 2025 dated 29.01.2025
registered for the offences punishable under Sections 316(5),
318(4), 337 and 336(3) of the B.N.S.
3. As per the prosecution case, the petitioner and one
another has misappropriated of sum of Rs. 2,53, 623/- when
they were posted as Panchayat Secretary.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case and no misappropriation has been done during his tenure. It
has next been submitted that while the petitioner was posted as
Panchayat Secretary, the said issue was never raised and only
Patna High Court CR. MISC. No.72477 of 2025(3) dt.08-01-2026
2/3
when he was transferred, the issue of misappropriation was
raised and the F.I.R. was lodged. Learned counsel has drawn the
attention towards Annexure-P/2 whereby it would be evident
that the ward member’s wife namely, Mophida Begam deposited
so called defalcated amount of Rs. 2,53,623/-. It has next been
submitted that as on date, there is no misappropriation of any
amount though the same had been deposited within the tenure
when the petitioner was in custody. It has lastly been submitted
that the petitioner has clean antecedent and he is in custody
since 25.05.2025.
5. Learned A.P.P. has vehemently opposed the prayer
for bail of the petitioner.
6. Considering the facts and circumstances of the
case, the petitioner is directed to be released on bail on his
furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Motihari, East Champaran in
connection with Turkauliya P.S. Case No. 46 of 2025, subject to
the following terms and conditions :-
(i) One of the bailors shall be a close relative of the
petitioner.
(ii) The petitioner shall remain physically present
Patna High Court CR. MISC. No.72477 of 2025(3) dt.08-01-2026
3/3
before the concerned Court on each and every date of the trial
and shall cooperate in the investigation.
(iii) In case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bond of the petitioner
will be liable to be cancelled by the Court concerned.
(iv) The trial court shall verify the criminal antecedent
of the petitioner and in case, at any stage, it is found that the
petitioner has concealed his criminal antecedents, the trial court
shall take necessary steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail bond in terms of the
above mentioned order shall not be delayed for purpose of or in
the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Gautam/-
U T
Checking your session…