Patna High Court
Navin KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Navin Kumar, sought bail in a case registered as Bhadaur P.S. Case No. 53 of 2022, alleging offences under Sections 406, 409, 420 and 34 of the Indian Penal Code for alleged misappropriation of funds under the Nal Jal Yojana. He contended that he was falsely implicated, that the charge sheet primarily targeted co‑accused Rajnandan Mahto, and that a similar bail was already granted to the co‑accused in Cr. Misc. No. 76530 of 2024. The petitioner also highlighted his clean criminal record and that he had been in judicial custody since 10 September 2025. The State opposed the bail application. After hearing both sides, the Court found the petitioner's arguments persuasive and ordered that he be released on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail in a case involving alleged criminal breach of trust and cheating under IPC Sections 406, 409, 420 and 34.
Legislation cited
- Indian Penal Code — s. 34, 406, 409, 420
Subjects
- bail
- criminal breach of trust
- cheating
- Indian Penal Code
- Patna High Court
- misappropriation of government funds
- Nal Jal Yojana
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80825 of 2025
Arising Out of PS. Case No.-53 Year-2022 Thana- BHADAUR District- Patna
======================================================
Navin Kumar S/O Vinod Tanti @ Vinod Prasad R/O Vill.- Jandinagar, P.S.-
Bhadaur, Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Kashyap, Advocate
For the Opposite Party/s : Mr. Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection with
Bhadaur P.S. Case No. 53 of 2022 registered for the offence
punishable under Sections 406, 409, 420, 34 of the Indian Penal
Code.
3. The allegation against the petitioner is that he, along
with one other, Rajnandan, has misappropriated the government
fund and did not complete the work under the Scheme of Nal Jal
Yojana.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has been falsely implicated in this case. Learned
counsel for the petitioner submits that although the petitioner and
other co-accused persons have completed the work in question,
Patna High Court CR. MISC. No.80825 of 2025(3) dt.21-01-2026
2/2
they have falsely been implicated in the present case. Police have
submitted a charge sheet. He also submits that in para-41 of the
case diary, all the allegations are against Rajnandan Mahto. It has
also been submitted that similarly situated other co-accused
person, namely, Rajnandan Mahto, has already been granted bail
by the learned coordinate bench of this court passed in Cr. Misc.
No. 76530 of 2024. The case of this petitioner stands on similar
footing. He further submits that a statement has been made in para
3 of the petition that petitioner has no criminal antecedent and he
is languishing in judicial custody since 10.09.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of
the like amount each to the satisfaction of the learned Judicial
Magistrate, 1st Class, Barh, Patna in connection with Bhadaur P.S.
Case No. 53 of 2022.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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