Patna High Court
Ramawati DeviversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
The court partially allowed the anticipatory bail application, granting bail to petitioners 1 and 4 and denying it to petitioners 2, 3, 5, 6 and 7.
Summary
The petitioners, seven residents of Belaudi village, filed an application for anticipatory bail fearing arrest in a case (Mohania PS Case No. 568 of 2025) concerning alleged offences under Sections 316(5), 318(4) and 3(5) of the Bihar Non‑Statutory (BNSS) relating to financial irregularities in the Nal‑Jal Yojna. The prosecution said the District Magistrate had ordered an FIR against several ward members, secretaries and the Gram Panchayat Mukhiya for defalcation of government funds. The petitioners contended that they were innocent, emphasizing that petitioners 1 and 4 are women with clean antecedents. The High Court, after hearing counsel, granted anticipatory bail to petitioners 1 and 4 under Section 438(2) of the CrPC and Section 482 of the BNSS, subject to a bail bond and sureties, but refused bail to the remaining petitioners on the basis of alleged misappropriation. The order was partially allowed, granting bail to the two women and dismissing the application for the others.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC and Section 482 BNSS in view of the alleged financial irregularities.
- Whether the petitioners' gender and clean antecedent justify the grant of anticipatory bail.
- Whether the alleged defalcation of government funds warrants denial of anticipatory bail to the remaining petitioners.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS
- financial irregularities
- Nal-Jal Yojna
- gender
- bail conditions
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78491 of 2025
Arising Out of PS. Case No.-568 Year-2025 Thana- MOHANIYA District- Kaimur (Bhabua)
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1. Ramawati Devi W/o Vrijant Singh @ Brijbansh Singh R/O - Vill- Barej, P.O
- Belaudi, P.S - Mohania District- Kaimur (Bhabua), Bihar.
2. Sitaram Bari S/o Ramdhar Bari R/o Vill- Amarpura, P.O- Belaudi, P.S
Mohania, District -Kaimur (Bhabua), Bihar.
3. Upendra Pasi S/O Mulaki Pasi R/o Vill- Barej, P.O - Belaudi, P.S - Mohania
District- Kaimur (Bhabua), Bihar.
4. Dharmsheela Devi W/o Avdhesh (Adhyaksh) Singh R/o- Vill and Post-
Belaudi, P.S Mohania District- Kaimur (Bhabua), Bihar.
5. S.M.Saddam S/o- Shamimuddin R/o- Vill and Post Belaudi, P.S.- Mohania
District- Kaimur. (Bhabua), Bihar.
6. Mir Imran S/o- Late Shamimuddin R/o- Vill and Post Belaudi, P.S.-
Mohania District- Kaimur (Bhabua), Bihar.
7. Bindu Sah S/o- Shingarchand Sah R/o Vill- Amarpura, P.O- Belaudi, P.S.-
Mohania, District- Kaimur (Bhabua), Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bindhyachal Singh,Sr. Advocate
Mr.Abhishek Anand, Advocate
For the Opposite Party/s : Mr.Parmeshwar Mehta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 23-02-2026 Heard Mr. Bindhyachal Singh, learned Senior
Counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Mohania P.S. Case No. 568 of 2025 registered
for the offence under Sections 316(5), 318(4), 3(5) of the B.N.S.
3. As per the prosecution case, District Magistrate,
Kaimur, issued instructions to take action on a complaint filed
Patna High Court CR. MISC. No.78491 of 2025(4) dt.23-02-2026
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by Vivek Kumar Sinha. Subsequently, the District Magistrate
ordered the lodging of an FIR regarding financial irregularities
in the ‘Nal-Jal Yojna’ against several ward members, secretaries,
and the Mukhiya of Gram Panchayat- Belaudi.
4. It has been submitted by the learned Senior
Counsel for the petitioners that the petitioners are innocent and
they have falsely been implicated in this case. It is next
submitted that petitioner nos. 1 and 4 are women. Petitioners
have clean antecedent.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioners.
6. Considering the fact that petitioner nos. 1 and 4
are women, this application is allowed with respect to petitioner
nos. 1 and 4 only.
7. Let the petitioner nos. 1 and 4, above named, in the
event of their arrest or surrender before the concerned Court
below within four weeks from today, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned A.C.J.M.-I, Mohania/ concerned Court below in
connection with Mohania P.S. Case No. 568 of 2025, subject to
the conditions laid down in Section 438(2) of the Code of
Patna High Court CR. MISC. No.78491 of 2025(4) dt.23-02-2026
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Criminal Procedure, 1973 / Section 482 of the BNSS.
8. So far as, petitioner nos. 2, 3, 5, 6 and 7 are
concerned, they are alleged to have defalcated government
money, hence, this Court is not inclined to grant anticipatory
bail to them. Hence, it is dismissed accordingly.
9. This application stands partly allowed.
(Sandeep Kumar, J)
tusharika/-
U T
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