Patna High Court

Kanhaiya DasversusThe State of Bihar

Decided: 22 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court held that anticipatory bail may be granted to the petitioners subject to the conditions stipulated under Section 438(2) CrPC and Section 482(2) B.N.S.S.

Summary

The petitioners, Kanhaiya Das and Rajesh Paswan, ward secretaries, were implicated in an FIR under Sections 409 and 34 of the IPC for alleged misappropriation of funds allocated under the Chief Minister’s Seven Nischaya Yojana. They argued that the work had been completed despite COVID‑19 related delays and submitted a joint enquiry report to support this claim. The State opposed their request for anticipatory bail. The High Court considered the completion of the work and the petitioners’ willingness to surrender within eight weeks, and ordered that they be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S. The order effectively granted anticipatory bail with specified safeguards.

Issues considered

Whether anticipatory bail should be granted to the petitioners under Section 438 of the Criminal Procedure Code in view of the alleged offences under Sections 409 and 34 of the IPC.
Whether the completion of the scheme work and the pandemic‑related delays justify the grant of bail.

Legislation cited

B.N.S.S. — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)
Indian Penal Code — s. 34, 409

Subjects

anticipatory bail
misappropriation of public funds
IPC 409
IPC 34
COVID-19 pandemic
Panchayat scheme
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83469 of 2025
                     Arising Out of PS. Case No.-271 Year-2020 Thana- ATHMALGOLA District- Patna
                 ======================================================
           1.     Kanhaiya Das Son of Meghan Das R/V Dakshinichak, P.S. - Athmalgola,
                  Dist .- Patna.
           2.     Rajesh Paswan Son of Late Ramesh@Late Rameswar Paswan R/V
                  Dakshinichak, P.S. - Athmalgola, Dist .- Patna.
                                                                         ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Anuj Kumar
                 For the Opposite Party/s :      Mr.Parmeshwar Mehta
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   22-01-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence under Sections 409, 34 of the Indian

                   Penal Code.

                                3. F.I.R. was lodged on the written report of Block

                   Development Officer for financial irregularities under the

                   scheme of ‘Chief Minister’s Seven Nischaya Yojana’. It is

                   alleged that all the accused persons, who were ward members &

                   others, were entrusted with the government fund for aforesaid

                   work, but dishonestly they misappropriated government money

                   without completing the said work.

                                4. Learned counsel for the petitioners submits that

                   petitioners are ward secretaries of ward no. 12 and 4

                   respectively and due to Pandemic Covid-19 some problems and
           Patna High Court CR. MISC. No.83469 of 2025(3) dt.22-01-2026
                                                       2/2




                     hurdles came in way of timely completion of the schemes,

                     however, the work in question has already been completed. In

                     support of this submission, learned counsel for the petitioners

                     has annexed the report of joint enquiry and inspection

                     conducted by District Panchayat Raj Officer, Athamalgola and

                     Technical Assistant, submitted to the B.D.O., Athmalgola (Barh)

                     and the same was forwarded to the District Magistrate, Patna.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail.

                                  6. Considering the work in question has already been

                     completed, let the above named petitioners, in the event of their

                     arrest/surrender within a period of eight weeks from today, be

                     enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten

                     thousand) each with two sureties of the like amount each to the

                     satisfaction of learned S.D.J.M., Barh, Patna in connection with

                     Athmalgola P.S. Case No. 271 of 2020, subject to condition as

                     laid down under Section 438(2) of the Cr.P.C. / Section 482(2)

                     of the B.N.S.S.



                                                       (Prabhat Kumar Singh, J)
anay

U      T

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