Patna High Court
Sunita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Given the petitioner’s clean antecedent, completion of the scheme’s work and lack of personal involvement, the court granted anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Sunita Devi, former Mukhiya of Shivpur Gram Panchayat, faced arrest in a case alleging mis‑utilisation of funds allocated for the Chief Minister’s Nal Jal Yojana, with charges under IPC sections 420, 406, 409 and 34. She contended that she merely transferred the sanctioned amount to various wards by cheque and had no role in the execution of the scheme, which had already been completed. The petitioner highlighted her clean antecedent and pointed out that co‑accused persons had earlier been granted anticipatory bail. The State opposed the bail application. Considering the nature of the accusation, the petitioner’s clean record, and the completion of the work, the court allowed anticipatory bail, directing that she be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the petitioner is likely to tamper with evidence or abscond, justifying denial of bail.
- Applicability of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in granting anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 34, 406, 409, 420
Subjects
- anticipatory bail
- misappropriation of funds
- IPC 420
- IPC 406
- IPC 409
- Nal Jal Yojana
- Panchayat
- clean antecedent
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79706 of 2025
Arising Out of PS. Case No.-147 Year-2023 Thana- SAHPUR District- Bhojpur
======================================================
Sunita Devi W/o Awadhesh Kumar Sharma Resident of village - Birpur, P.S -
Sahpur, District - Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raju Kumar Singh, Advocate
For the Opposite Party/s : Mr. Parmeshwar Mehta, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 18-03-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 420, 406, 409/34 of the
Indian Penal Code.
3. The prosecution case, as per the F.I.R. lodged by
the Panchayat Secretary of Shivpur Gram Panchayat, is that
irregularities were committed in the implementation of the
scheme, namely, Chief Minister’s Nal Jal Yojana, in Ward Nos.
3, 4, 7, 8, 9, 11, 13 and 15. The total amount for the execution of
the scheme, in question, was sanctioned to the tune of Rs.
14,98,400/-, out of which Rs. 13,00,000/- was transferred to
different wards, but the petitioner, who was Mukhiya of the
Panchayat at the relevant time, along with others, mis-utilized
the funds and defalcated huge amount.
Patna High Court CR. MISC. No.79706 of 2025(3) dt.18-03-2026
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4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
was Mukhiya of the Panchayat and had no role in execution of
the Nal Jal Yojana. She transferred the amount to each ward
through cheques and the work in question has already been
completed. Similarly situated co-accused persons have already
been granted anticipatory bail by this Court vide order dated
24.09.2025 passed in Cr. Misc. No. 67991 of 2025. Petitioner
claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
accusation, clean antecedent and the fact that work in question
has been completed, this anticipatory bail is allowed and it is
ordered that let the above named petitioner in the event of her
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Additional Chief Judicial
Magistrate 1, Bhojpur at Ara in connection with Sahpur P. S.
Case No. 147 of 2023, subject to condition as laid down under
Patna High Court CR. MISC. No.79706 of 2025(3) dt.18-03-2026
3/3
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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