Patna High Court
Prachi Chaurasiya @ Prachi Raj @ PrachiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioner, subject to a bail bond and sureties, and the condition of surrender within four weeks.
Summary
The petitioner, Prachi Chaurasiya, a former employee of Shanti Niketan Academy School, was implicated in a FIR alleging misappropriation of Rs.30,000 and charged under sections 316(2), 318(4), 303(2) and 3(5) of the Bihar Negotiable Securities Act, 2023. She had resigned from her job on 15‑02‑2025, and the FIR was lodged later on 21‑02‑2025. Claiming she has no criminal antecedent and would not abscond or tamper with evidence, she applied for anticipatory bail under Section 438(2) of the CrPC and Section 482(2) of the B.N.S. The State opposed the application. The Court noted the inordinate delay in filing the FIR, the petitioner’s resignation, and her willingness to cooperate, and consequently granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and a condition to surrender within four weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the FIR being filed after a delay and the alleged misappropriation.
- Whether the petitioner’s resignation and lack of criminal antecedent justify the grant of bail under Section 438(2) CrPC and Section 482(2) B.N.S.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- misappropriation
- delay in FIR
- resignation
- Bihar Negotiable Securities Act
- Section 438 CrPC
- Section 482 B.N.S
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7504 of 2026
Arising Out of PS. Case No.-93 Year-2025 Thana- CIVIL LINE District- Gaya
======================================================
Prachi Chaurasiya @ Prachi Raj @ Prachi D/o Pappu Kumar Chaurasiya @
Pappu Chaurasiya R/o Village - Baraini, Cherki Bazar, P.S - Cherki, District -
Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Priya Ranjan, Adv.
For the Opposite Party/s : Mr.Binod Kumar, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends her arrest in connection
with Civil Lines P.S. Case no.93 of 2025 registered under
sections 316(2), 318(4), 303(2) and 3(5) of the B.N.S, 2023.
3. The present F.I.R has been lodged by Manager of
Shanti Niketan Academy School, making allegations on the
petitioner and one Anjali Singh, who left the school without
informing and subsequently it was found that there was
misappropriation of Rs.30,000/- from cash counter of the
school.
4. Learned counsel for the petitioner submits that
petitioner was working in the concerned school and was doing
her duties with due diligence and only on account of some
dispute that had taken place with the Manager of the said school,
she resigned on 15.02.2025 and it is only thereafter, much later on
21.02.2025, that the present case came to be lodged against the
Patna High Court CR. MISC. No.7504 of 2026(2) dt.04-02-2026
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petitioner. He has further submitted that petitioner is a lady and
would not abscond or temper with the evidence.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6.Taking into consideration the aforesaid facts and
circumstances of the case and also considering the fact that there
is inordinate delay in lodging of the F.I.R with regard to
misappropriation of some amount from the cash counter of
concerned school, coupled with the fact that petitioner had
already resigned from the job and undertakes to co-operate in
the investigation, it is directed that the petitioner, above named
having no criminal antecedent, in the event of her arrest or
surrender before the learned Court below within a period of four
weeks, be released on anticipatory bail in connection with Civil
Lines P.S. Case no.93 of 2025 on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below
where the case is pending/successor Court, subject to the
condition laid down under Section 438(2) of the Code of
Criminal Procedure/Section 482(2) of the B.N.S.S, 2023.
(Soni Shrivastava, J)
Harsh/-
U T
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