Created by Fuzzy Cloud

Patna High Court

Ramawati DeviversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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

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)
                 ======================================================
           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
                                            2/3




          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
                                                          3/3




                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.