Patna High Court
Vinay Sharma @ Vinay Shankar SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner subject to strict conditions.
Summary
The petitioner, Vinay Sharma, an ex‑manager of Barah PACS, was arrested on 6 September 2025 in connection with a FIR alleging embezzlement of Rs 34,80,000 relating to the construction of a 1000‑MT warehouse, offences punishable under Sections 409 and 420 of the IPC. He contended that the allegations were fabricated, that the warehouse work had been partially completed, and that the amount disbursed was only a portion of the total cost. The State opposed bail, highlighting three other pending cases against the petitioner. The court noted that the co‑accused, Pawan Kumar, had already been granted anticipatory bail by a coordinate bench. Considering the circumstances, the court granted bail on a bond of Rs 10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents.
Issues considered
- Whether the petitioner is entitled to bail despite charges under Sections 409 and 420 IPC.
- Whether the existence of anticipatory bail for a co‑accused influences the bail decision for the petitioner.
- Whether the petitioner’s prior criminal cases warrant denial of bail.
Legislation cited
- Indian Penal Code — s. 409, 420
Subjects
- bail
- anticipatory bail
- criminal breach of trust
- cheating
- IPC Section 409
- IPC Section 420
- PACS
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78186 of 2025
Arising Out of PS. Case No.-166 Year-2025 Thana- RANIYATALAB District- Patna
======================================================
Vinay Sharma @ Vinay Shankar Sharma Son of Late Bhuneshwar Singh
Resident of Village- Barah, P.S.- Ranitalab, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh, Advocate
For the Opposite Party/s : Mr.Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 22-01-2026 Heard Mr.Aryan Singh, learned counsel for the
petitioner and Mr.Anil Kumar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since
06.09.2025 in connection with Ranitalab P.S. Case No. 166 of
2025, F.I.R. dated 22.04.2025 registered for the offence
punishable under Sections 409 and 420 of IPC.
3. Allegation against the petitioner is that he was the
Manager of the Barah PACS in the year 2022-23 and for
construction of a warehouse of 1000MT capacity, Rs.
34,80,000/- had been released to the PACS, but the construction
was not completed and in this way government money was
embezzled.
4. Learned counsel appearing for the petitioner
submits that the allegation as alleged in the FIR is false and
Patna High Court CR. MISC. No.78186 of 2025(3) dt.22-01-2026
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fabricated. Petitioner is Ex-Manager of the PACS in question.
As per allegation in the FIR, the PACS has given a contract of
construction of Warehouse and for the same purpose, Rupees
Thirty Four Lacs and Eighty Thousand has been disbursed.
Learned counsel for the petitioner submits that from a bare
perusal of the FIR it appears that the petitioner and co-accused
persons had already constructed the Warehouse upto linter and
altogether the total amount for construction of the Warehouse
was Rs.Fifty Eight Lacs so petitioner has already completed the
work up to the amount for which he has received and co-
accused person, namely, Pawan Kumar, who happens to be the
Chairman of the PACS, has been granted privilege of
anticipatory bail by a Coordinate Bench of this Hon’ble Court
vide order dated 12.12.2025 passed in Cr. Misc. No.76579 of
2025 and the police, after investigation, submitted chargesheet
against the petitioner and the petitioner is in custody since
06.09.2025.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
three more cases other than the present one, as mentioned in
para-3 of the bail petition.
6. Considering the aforesaid fact, co-accused person,
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namely, Pawan Kumar, who happens to be the Chairman of the
PACS, has been granted privilege of anticipatory bail by a
Coordinate Bench of this Hon’ble Court and petitioner is in
custody since 06.09.2025, let the petitioner, above named, be
released 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 Judicial Magistrate, First Class, Danapur,
Patna in connection with Ranitalab P.S. Case No. 166 of 2025,
with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
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4/4
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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