Patna High Court
Dev Narayan Ray @ Dev NarayanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court held that, given the payment of the disputed amount, the petitioners’ clean record and their undertaking to cooperate, anticipatory bail should be granted with conditions.
Summary
The petitioners, seven individuals from Garkha, Saran, sought anticipatory bail fearing arrest in a case (Garkha PS No.735 of 2025) under sections 315, 316(5) and 318(4) of the Bhartiya Nyaya Sanhita for alleged misappropriation of Rs. 18,26,758. The FIR was lodged by the Block Cooperative Extension Officer, who later filed a counter‑affidavit stating that the entire amount had been deposited between 13‑Oct‑2025 and 26‑Nov‑2025, supported by bank records and a certificate dated 19‑Dec‑2025. The State argued that the payment was made only after the FIR. The Court noted the petitioners’ lack of criminal antecedent, the payment of the alleged amount, and their undertaking to appear in trial, and therefore granted anticipatory bail with a Rs.10,000 bond and several conditions. The bail order directs release upon arrest or surrender within four weeks, subject to sureties and compliance with conditions such as appearance before the trial court, cooperation with investigation, and non‑tampering with witnesses or evidence.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances of the case
- Whether the payment of the alleged misappropriated amount negates the likelihood of the petitioners committing the offences under sections 315, 316(5) and 318(4) of the Bhartiya Nyaya Sanhita
- Whether the petitioners pose a risk of tampering with evidence or influencing witnesses
Legislation cited
- Bhartiya Nyaya Sanhita — s. 315, 316(5), 318(4)
Subjects
- anticipatory bail
- misappropriation
- Bhartiya Nyaya Sanhita
- criminal procedure
- bail conditions
- section 438
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8121 of 2026
Arising Out of PS. Case No.-735 Year-2025 Thana- GARKHA District- Saran
======================================================
1. Dev Narayan Ray @ Dev Narayan S/O Late Baijnath Ray Resident of
Village- Pathara Rasidpur, P.S- Garkha, District- Saran.
2. Birendra Prasad Yadav S/O Late Baidyanath Prasad Yeadv @ Baijnath Ray
Resident of Village- Pathara , P.S- Garkha, District- Saran.
3. Pramod Kumar Singh S/O Nageshwar Singh @ Nageshwar Prasad Resident
of Village- Bangara, P.S- Garkha, District- Saran at Chapra.
4. Aphsana Khatoon W/O Samser Alam @ Samser Alam Ansari R/O Village-
Motirajpur, P.S- Garkha, Distt.- Saran at Chapra.
5. Dhananjay Kumar @ Dhananjay Kumar Singh S/O Asheshwar Singh R/O
Village- Motirajpur, P.S- Garkha, Distt.- Saran at Chapra.
6. Shahjahan Khatoon @ Shah Jahan Ansari S/O Ali Akbar Ansari @ Ali
Akbar R/O Village- Aouradha, P.S- Garkha, Distt.- Saran at Chapra.
7. Nagendra Ram S/O Yodha Ram @ Jodha Ram R/O Village- Rasidpur, P.S-
Garkha, Distt.- Saran at Chapra.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Block Co-operative Extension Officer Garkha, Saran at Chapra
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 22-04-2026 Heard Mr. Jagganath Singh, learned counsel for the
petitioner and Mr. Jitendra Kumar Singh, learned APP.
2. The petitioners are apprehending their arrest in
connection with Garkha P.S. Case No. 735 of 2025 for the
offence under sections 316(5), 318(4) and 315 of the Bhartiya
Nyaya Sanhita lodged on 06.10.2025 by the informant,
Rambaran Prasad.
Patna High Court CR. MISC. No.8121 of 2026(3) dt.22-04-2026
2/4
3. As per the prosecution story, the Block Cooperative
Extension Officer, Garkha, Saran lodged the FIR alleging
misappropriation of Rs. 18,26,758/- on the part of the
petitioners. This led to the FIR.
4. Learned counsel for the petitioners submit that a
counter affidavit has come on behalf of the informant, the Block
Cooperative Extension Officer, Garkha, Saran and as per the
paragraph 8, the entire amount stands deposited between
13.10.2025 to 26.11.2025 and the bank record has also been
made part of the counter-affidavit which followed the certificate
dated 19.12.2025.
5. Learned APP opposes the prayer submitting that
they tried to keep the money but only after the FIR has been
lodged, the payment.
6. Though the submission put forward by the learned
APP has to be taken on record that only after the FIR, the
payment has been made, but now that a certificate has been
issued that the entire payment has been made, none of the
petitioners have criminal antecedent and they have undertaken
to diligently appear in the trial, in that background, this Court is
inclined to extend them the privilege of anticipatory bail with
conditions.
Patna High Court CR. MISC. No.8121 of 2026(3) dt.22-04-2026
3/4
7. Let the petitioners be released on bail in the event
of arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) each with two sureties of like amount each to the
satisfaction of learned Judicial Magistrate-1st Class, Saran at
Chapra in connection with Garkha P.S. Case No. 735 of 2025
subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioners who shall provide official
document (Aadhaar Card/Voter ID Card/Pan Card/Driving
License) to show his/her bona fide;
(ii) the petitioners shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of their
bail bond by the Trial Court itself;
(iii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iv) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
Patna High Court CR. MISC. No.8121 of 2026(3) dt.22-04-2026
4/4
(v) the petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
Checking your session…