Patna High Court
Sudarshan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner, a former Panchayat Sachiv, was accused of embezzling Rs 1,56,63,200 under government schemes, alleged to have violated Sections 420, 409 and 34 of the IPC. He contended that the work was completed, he could not obtain a completion certificate, and he had deposited Rs 1,56,17,700 along with a cash payment of Rs 45,300 and obtained a No‑Objection Certificate. The State opposed his request for anticipatory bail. The Court, noting the petitioner’s clean antecedents, the full deposit of the alleged defalcated amount, and the circumstances of the case, granted anticipatory bail subject to a bail bond and sureties, and conditioned it on Section 482(2) of the CrPC. The order directs that if arrested within eight weeks, the petitioner be released on bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner accused of offences under Sections 420, 409 and 34 IPC for alleged embezzlement of government funds.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Indian Penal Code — s. 34, 409, 420
Subjects
- anticipatory bail
- embezzlement
- government funds
- IPC 420
- IPC 409
- clean antecedents
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72816 of 2025
Arising Out of PS. Case No.-35 Year-2020 Thana- MEHSI District- East Champaran
======================================================
Sudarshan Singh S/o Late Ramji Sah @ Ramji Singh (Panchayat Sachiv),
Resident of Village - Pipra Khem, P.S. - Kalyanpur, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Adarsh Ranjan, Advocate
For the State : Mr. Nand Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 16-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 420, 409
and 34 of the Indian Penal Code.
3. The prosecution case, in brief, is that in the year
2020, this petitioner was posted as Panchayat Sachiv in Mehsi
Block, District- East Champaran and withdrew a sum of Rs
1,56,63,200/- for doing work under different Government
schemes and after receiving the aforesaid amount, petitioner
neither completed the work assigned to him nor returned the
money and as such, he embezzled the entire government money.
It is further alleged that petitioner neither submitted details of
expenditure nor adjusted the amount.
Patna High Court CR. MISC. No.72816 of 2025(2) dt.16-01-2026
2/3
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. As a matter of fact, petitioner completed
the work under the Government schemes within the time which
was allotted to him, however, he was unable to submit the
completion certificate. It is further submitted that when the
petitioner came to know about lodging of the present F.I.R., he
approached the authorities and deposited Rs. 1,56,17,700/- and
paid Rs. 45,300/- through cash in the Office of the Block
Nazarat and took a no objection certificate vide Letter No. 776
dated 18.12.2024 issued under the signature of the Block
Development Officer, Mehsi, East Champaran, copy of which is
Annexure-2 to this bail petition. Petitioner claims clean
antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, nature of accusation, clean antecedents of the petitioner
and the fact that petitioner has already deposited the entire
amount allegedly defalcated by him, the prayer for grant of
anticipatory bail to the petitioner is allowed.
Patna High Court CR. MISC. No.72816 of 2025(2) dt.16-01-2026
3/3
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
East Champaran, Motihari in connection with Mehsi P.S. Case
No. 35 of 2020, subject to condition as laid down under Section
482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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