Patna High Court
Birbal SahversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was not granted to the petitioners.
Summary
The petitioners, Birbal Sah and Bijendra Sah, were implicated in a FIR dated 23‑08‑2023 under Sections 420, 406 and 34 of the Indian Penal Code for allegedly embezzling Rs. 3,38,782 in connection with the Chief Minister’s Seven Nischay Drinking Water Scheme. Fearing arrest, they applied for anticipatory bail, asserting innocence and relying on a certificate dated 10‑08‑2023 issued by a Junior Engineer. The State’s counsel argued that any document predating the FIR was irrelevant. The Court examined the seriousness of the allegations and the applicability of the IPC provisions. Considering the nature of the alleged offence, the Court declined to grant anticipatory bail. Consequently, the anticipatory bail application was rejected.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under the circumstances of the FIR under Sections 420, 406 and 34 IPC
- Whether the certificate dated 10‑08‑2023 is relevant to the bail application
Legislation cited
- Indian Penal Code — s. 34, 406, 420
Subjects
- anticipatory bail
- embezzlement
- Indian Penal Code
- Section 420
- Section 406
- Section 34
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75140 of 2025
Arising Out of PS. Case No.-127 Year-2023 Thana- AGION (GARHANI) District- Bhojpur
======================================================
1. Birbal Sah son of Bhagelu Sah Resident of Village- Kurkuri, P.S.-Agiaon
(Garhari), Distract- Bhojpur.
2. Bijendra Sah son of Dashrath Sah Resident of Village- Kurkuri, P.S.-Agiaon
(Garhari), Distract- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar Singh, Advocate
For the Opposite Party/s : Mr.Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 20-02-2026 Heard the parties.
2. The petitioners are apprehending arrest in
connection with Agion (GARHANI) P.S. Case No.127 of 2023
instituted under Sections 420, 406 and 34 of the Indian Penal
Code lodged on 23.8.2023 by the informant, Birendra Kumar.
3. The FIR shows that an enquiry took place in the
implementation of the work under the Chief Minister Seven
Nischay Drinking Water Scheme and it was found that the
petitioner has embezzled Rs. 3,38,782/-. This led to the FIR.
4. Though, learned counsel for the petitioners tried to
impress upon this Court regarding the innocence submitting
that the certificate dated 10.08.2023 issued by the Junior
Patna High Court CR. MISC. No.75140 of 2025(3) dt.20-02-2026
2/2
Engineer, learned APP Mr. Jitendra Kumar Singh submits that
the FIR is of 23.08.2023 and any document prior to that has no
relevance in the present case.
5. Considering the allegation that has come against
the petitioners, it would be appropriate that they seek bail.
6. The anticipatory bail application stands rejected.
(Rajiv Roy, J)
Ravi/-
U
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