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Patna High Court

Ashok Kumar GuptaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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