Patna High Court
Awadh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioner, subject to conditions under Section 438(2) Cr.P.C.
Summary
Awadh Singh, a former Panchayat Secretary, was named in an FIR under Section 409 of the Indian Penal Code for allegedly failing to submit documents related to the appointment of Panchayat teachers. He applied for anticipatory bail, arguing that the allegations do not constitute a criminal offence and that any disciplinary action should be departmental. The State opposed the bail. The High Court considered whether anticipatory bail could be granted in a case involving alleged criminal breach of trust. The Court held that anticipatory bail could be granted, subject to a cash bond of Rs.10,000 and two sureties, and conditioned on the petitioner surrendering within six weeks if arrested. The order was made under Section 438(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail can be granted to the petitioner in an FIR under Section 409 IPC
- Whether the allegations, if true, amount to a criminal offence warranting denial of bail
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 409
Subjects
- anticipatory bail
- Section 409 IPC
- criminal breach of trust
- bail conditions
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73723 of 2025
Arising Out of PS. Case No.-346 Year-2016 Thana- SASARAM NAGAR District- Rohtas
======================================================
Awadh Singh S/O Late Kailash Singh Resident of village - Siyaldah, P.S-
Nauhatta, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Kant
For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 15-05-2026 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 offence punishable under Section 409 of the
Indian Penal Code.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and the informant alleges
that Panchayat Secretary, Gram Panchayat Bhadokhara was
directed to submit document regarding appointment of
Panchayat Teachers to District and Block Resources Centre,
Tilauthu but the same was not submitted till 02.03.2016 despite
repeated reminder.
4. Learned counsel for the petitioner submits that
petitioner, the then Panchayat Secretary, has been falsely
Patna High Court CR. MISC. No.73723 of 2025(3) dt.15-05-2026
2/2
implicated in the instant case by the informant. It is further
submitted that from perusal of the allegation as alleged in the
FIR, it would manifest that no criminal offence is made out. It is
next submitted that if what has been alleged in the FIR is true in
that event the authorities ought to have proceeded
departmentally against the petitioner.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, let the petitioner above-named, in the
event of his arrest or surrender before the learned trial court
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 Sasaram (T)
(Tilauthu) P.S. Case No. 346 of 2016, subject to the conditions
as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.