Patna High Court
Harendra Singh @ Harendr SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The Court disposed of the anticipatory bail application, allowing the petitioner to approach the lower court for bail if the State confirms that the work has been completed.
Summary
Harendra Singh filed an anticipatory bail application fearing arrest in a case (Sidhwaliya P.S. Case No. 27 of 2025) under Sections 316(5) and 318(4) of the Bharatiya Nyaya Sanhita, alleging irregularities in the completion of a public work, issuance of a Rs.1 lakh cheque to a contractor, and alleged sub‑letting to Saddam Hussain. The petitioner contended that the work had been completed and that Saddam Hussain was merely a supplier. The Court examined whether the allegations justified denial of bail and considered the relevance of the work’s completion to the bail question. It held that the application could be disposed of, granting the petitioner liberty to approach the lower court and, if the State confirms completion of the work, to obtain bail on furnishing a bond of Rs.10,000 with two sureties. The order was conditioned on compliance with Section 482 of the BNSS and Section 438(2) of the CrPC, and the petitioner was directed to seek bail within six weeks of the order.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in view of allegations under Sections 316(5) and 318(4) of the BNSS.
- Whether the completion of the work and the role of Saddam Hussain as a supplier affect the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 316(5), 318(4), 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 316 BNSS
- Section 318 BNSS
- Section 482 BNSS
- Section 438 CrPC
- public work irregularities
- sub‑letting
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76055 of 2025
Arising Out of PS. Case No.-27 Year-2025 Thana- SIDHWALIYA District- Gopalganj
======================================================
Harendra Singh @ Harendr Singh S/o Hiralal Singh @ Heeralal Singh
Resident of Village - Larauli, P.S - Sidhwaliya, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Indrajeet Bhushan, Advocate
For the State : Mr.Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 10-03-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Sidhwalia P.S. Case No. 27 of 2025 instituted under
Sections 316(5) and 318(4) of the Bharatiya Nyaya Sanhita.
3. The allegation against the petitioner and others is
of irregularity in the completion of the work. The petitioner is
alleged to have issued a cheque of Rs. 1 lakh in favour of the
contractor and he has further been accused of subletting the
work to one Saddam Hussain.
4. It has been submitted by learned counsel for the
petitioner that the work has been completed and Saddam
Hussain was the supplier.
5. In view of the submission that the work has been
Patna High Court CR. MISC. No.76055 of 2025(4) dt.10-03-2026
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completed, this application is disposed of with liberty to the
petitioner to approach the Court below and if the State supports
the fact that the work has been completed, the petitioner, above
named shall be released on bail, in the event of arrest or
surrender before the Court below within six weeks from today,
upon furnishing bail bonds of Rs.10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of the
learned Judicial Magistrate, 1st Class, Gopalganj/ concerned
Court in connection with Sidhwalia P.S. Case No. 27 of 2025,
subject to the conditions laid down in Section 482 of the
BNSS/ 438(2) of the Code of Criminal Procedure, 1973.
(Sandeep Kumar, J)
P. Kumar
U T
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