Patna High Court
Prabhat RanjanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the anticipatory bail application, imposing a cash bond, sureties and compliance conditions.
Summary
The petitioner, a junior engineer, faced arrest in a 2020 police case alleging defalcation of government funds under IPC sections 406, 409, 420 and 34 relating to two rural development schemes. An earlier anticipatory bail application was rejected in 2023. In 2026, the petitioner’s senior counsel submitted that he was innocent, offered to deposit Rs. 2 lakh without admitting guilt, and highlighted lack of specific allegations. The State opposed bail, citing a police report of irregularities in scheme implementation. The High Court, after considering the petitioner's willingness to deposit money and the absence of a criminal record, allowed anticipatory bail subject to a cash bond, sureties, and conditions under Section 482(2) of the CrPC. The order also required the petitioner to appear regularly in trial and cooperate, with non‑cooperation leading to bail cancellation.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the petitioner’s offer to deposit money and lack of criminal antecedents justify bail despite serious allegations under IPC sections 406, 409, 420/34
- Whether conditions imposed under Section 482(2) of the CrPC are appropriate and sufficient
Legislation cited
- Criminal Procedure Code — s. 438, 482(2)
- Indian Penal Code — s. 34, 406, 409, 420
Subjects
- anticipatory bail
- IPC 406
- IPC 409
- IPC 420
- CrPC 438
- CrPC 482
- government scheme fraud
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 8170 of 2026
Arising Out of PS. Case No.-517 Year-2020 Thana- SIKARPUR District- West Champaran
======================================================
Prabhat Ranjan Mahendra Ram R/o Village - Gawshpur, P.S. - Haspura, Dist.
- Aurangabad.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Aggrawal, Sr. Adv.
Mr. Saroj Kumar Choudhary, Adv.
Mr. Kumar Rajdeep, Adv.
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 12-05-2026 Heard learned senior counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Sikarpur P.S. Case No. 517 of 2020 registered for offences
under Sections 406, 409, 420/34 of I.P.C.
3. Earlier, the anticipatory bail application of the
petitioner was rejected on 04.05.2023 in Cr. Misc. No. 75176 of
2022 which reads as follows:-
“Heard the parties.
As both these bail applications have
cropped up from the same police station case
number, hence, with consent of parties, they are
being heard together and disposed of by this
common order.
The petitioners apprehend their arrest in
connection with Sikarpur P.S. Case No. 517 of
2020, registered for the offence punishable
Patna High Court CR. MISC. No. 8170 of 2026(3) dt.12-05-2026
2/4
under Sections 406, 409, 420/34 of the Indian
Penal Code.
There is allegation of defalcation of
Government money, breach of trust and forgery
regarding “Mukhyamantri Gramin Payjal
Nishchay Yojana” and “Mukhyamantri Gramin
Gali Nali Pakkikaran Nishchay Yojana” against
the petitioners.
It is submitted by learned counsel for the
petitioners that petitioners are quite innocent
and has committed no offence. They have been
falsely implicated in this case. No such
occurrence, in the manner as alleged, has ever
taken place. The allegation levelled against the
petitioners is not specific rather general and
omnibus in nature. He submits that there is no
allegation that the petitioners have embezzled
any money out of the present schemes. The
petitioners were not connected with the
financial power in the matter of execution of the
schemes in question and there is no charge of
over measurement against the petitioner.
Petitioners have no criminal antecedent.
Learned APP for the State opposed the
prayer for anticipatory bail. He filed a detailed
counter-affidavit and has stated that the
Inspector of Police, West Champaran at Bettiah
submitted a detailed report and has mentioned
that the Mukhyamantri Gramin Payjal Nishchay
Yojana and Mukhyamantri Gramin Gali Nali
Pakkikaran Nishchay Yojana was not
implemented in the Gram Panchayat Raj Rajpur
Tumkadiya, Ward No. 13 and 14 and has found
so many irregularities in the implementation of
the said schemes.
Having regard to the facts and
circumstances of the case, I am not inclined to
enlarge the petitioners on bail. The prayer for
grant of anticipatory bail on his behalf is hereby
rejected.
Accordingly, this application is
dismissed.”
Patna High Court CR. MISC. No. 8170 of 2026(3) dt.12-05-2026
3/4
4. As per the prosecution case, petitioner is a Junior
Engineer, who is accused of defalcating Government money.
5. Learned senior counsel for the petitioner submits
that the petitioner is quite innocent and has not committed any
offence. He submits that a sum of Rs. 32,500/- and Rs.
1,65,000/- was paid in excess than the actual work. Thus, the
total comes to Rs. 1,97,500/- which the petitioner is ready to
deposit in the Nazarat, Bettiah, West Champaran, subject to the
outcome of the case.
6. Learned senior counsel has produced a copy of
letter dated 09.04.2026 in which the petitioner is ready to
deposit a sum of Rs. 2 lakhs in the court below without
accepting his guilt.
7. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
8. Considering the above facts and circumstances
of the case, this application for anticipatory bail stands allowed.
9. Accordingly, let the petitioner, above-named, in
the event of arrest or surrender within four weeks from today in
the Court below, be released on anticipatory bail on furnishing
bail bonds of Rs. 10,000/- (Rupees Thousand Only) with two
sureties of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No. 8170 of 2026(3) dt.12-05-2026
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Court below where the case is pending/successor Court in
connection with Sikarpur P.S. Case No. 517 of 2020, subject to
the conditions as laid down under Section 482(2) of the
B.N.S.S. with further condition that:-
(i) the petitioner will deposit a demand
draft in the name of the Scheme of the Government
which shall be released in favour of the informant.
(ii) The petitioner shall appear in the
trial regularly either personally or through his
lawyer and shall cooperate in the trial and non-
cooperation in the trial shall result in cancellation
of the bail bond of the petitioner.
(Sandeep Kumar, J)
sadique/-
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