Patna High Court
Ashok Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner on a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS.
Summary
Ashok Kumar Gupta was arrested in connection with a case alleging misappropriation of Rs.1,34,004 of government funds for official purchases. The FIR, filed by the Presiding Officer of the District Appellate Tribunal, charged him under Sections 318(4), 316(5), 338, 336(3) and 340(2) of the Bihar Negotiable Securities Act. Gupta contended that Rs.25,000 was deposited by him, that purchases were made under a voucher approved by the Presiding Officer, and that the remaining amount was released by cheque, arguing that the case stemmed from an accounting dispute rather than criminal intent. The learned Additional Public Prosecutor opposed bail, but the court noted the prima facie nature of the accounting issue and granted bail on a bond of Rs.10,000 with two sureties, subject to Section 482(2) of the BNSS. The order directed the petitioner to surrender within four weeks if arrested and to comply with the bail conditions.
Issues considered
- Whether the allegations constitute a cognizable offence warranting denial of bail
- Whether there is a prima facie case against the petitioner or merely an accounting dispute
- Whether bail should be granted under Section 482(2) of the BNSS
Legislation cited
- Bihar Negotiable Securities Act — s. 316(5), 318(4), 336(3), 338, 340(2), 482(2)
Subjects
- bail
- misappropriation of government funds
- accounting dispute
- Section 482
- Bihar law
- criminal procedure
- official withdrawals
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78690 of 2025
Arising Out of PS. Case No.-320 Year-2025 Thana- GOPALGANJ TOWN District-
Gopalganj
======================================================
Ashok Kumar Gupta S/o Jagarnath Prasad Resident of village - Puchari
Bazar, P.S - Baniyapur, District – Saran. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashikant, Advocate
For the Opposite Party/s : Mr.Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
6 24-02-2026 Heard learned counsel appearing on
behalf of the petitioner and learned Additional
Public Prosecutor appearing on behalf of the State.
2. The accused/petitioner apprehending his
arrest in connection with Gopalganj P.S. Case No.
320 of 2025 registered for the offences punishable
under Sections 318(4)/316(5)/338/336(3) and
340(2) of BNS.
3. As per FIR, informant, who is the
Presiding Officer of the District Appellate Tribunal
alleged petitioner to defalcate the government
money of Rs. 1,34,004/- as received by him for
purchasing different official goods/items.
4. It is submitted by learned counsel
appearing on behalf of the petitioner that out of
Patna High Court CR. MISC. No.78690 of 2025(6) dt.24-02-2026
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aforesaid amount, Rs. 25,000/- admittedly was
deposited by the petitioner through FIR itself. It is
submitted that as per direction of the Presiding
Officer different office items including heater etc.
were purchased through voucher no. 4 whereafter
it has been approved by Presiding Officer himself
to release the payment of Rs. 81,200/- through
cheque no. 600060. It is submitted that it is not the
case of misappropriation, rather due to accounting
issue, the present false case was lodged. It is
submitted that petitioner is working with Education
Department and he was with informant on
deputation basis.
5. Explaining criminal antecedent, it is
submitted that petitioner found involved in three
more criminal cases, where after trial he was
acquitted in two cases and in only one remaining
case he is on bail.
6. Learned APP opposed the prayer of bail.
7. In view of aforesaid factual submissions
and by taking note of fact as prima facie factual
aspects of this case suggests accounting dispute
Patna High Court CR. MISC. No.78690 of 2025(6) dt.24-02-2026
3/3
out of official withdrawal, accordingly, above
named petitioner, in the event of his arrest or
surrender before the learned trial Court, within a
period of four weeks of the order, is directed to be
released on bail furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned
C.J.M., Gopalganj/concerned Court, where the case
is pending in connection with Gopalganj P.S. Case
No. 320 of 2025, subject to the conditions as laid
down under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
U T
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