Patna High Court
Birendra Kumar @ Virendra SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
The petitioner, a ward member of Koriyawan Gram Panchayat, was charged under Sections 316(2) and 316(5) of the Bharatiya Nyaya Sanhita for allegedly withdrawing Rs. 1,43,000 from a scheme fund meant for the Chief Minister Rural Nal‑Jal Scheme. He contended that the previous ward member had handed over only Rs. 1,32,944.04 and that he had no involvement in any misappropriation, asserting his clean antecedents. The State argued that the withdrawals were made through cheques in the petitioner’s favour and that he received the cash, indicating a specific allegation of misappropriation of government funds. The court examined the nature of the accusation and the material evidence on record. Considering the seriousness of the allegations and the available evidence, the court refused the petitioner's anticipatory bail application.
Issues considered
- What is the appropriate decision on the petitioner's application for anticipatory bail under Sections 316(2) and 316(5) of the Bharatiya Nyaya Sanhita?
Legislation cited
- Bharatiya Nyaya Sanhita — s. 316(2), 316(5)
Subjects
- anticipatory bail
- misappropriation of public funds
- Bharatiya Nyaya Sanhita
- corruption
- public servant
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83866 of 2025
Arising Out of PS. Case No.-716 Year-2025 Thana- PHULWARISHARIF District- Patna
======================================================
Birendra Kumar @ Virendra Sharma S/O Dinanath Mistri R/O Village -
Naralpura, P.O- Chiraura, P.S- Janipur (Phulwari Shariff), Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeeb Kumar Sanju, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
6 17-03-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Phulwari Sharif
(Janipur) P. S. Case No. 716 of 2025 registered for the offences
punishable under Sections 316(2), 316(5) of the Bharatiya
Nyaya Sanhita.
3. Prosecution case, in brief, is that this petitioner,
being Ward Member of Ward No. 9 of Koriyawan Gram
Panchayat, illegally withdrew Rs. 1,43,000/- from the account
of Ward No. 9, which was allocated for implementation of Chief
Minister Rural Nal-Jal Scheme.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
was elected Ward Member in the year 2021 and the ex-ward
member handed over only Rs. 1,32,944.04/- for implementation
Patna High Court CR. MISC. No.83866 of 2025(6) dt.17-03-2026
2/2
of the said scheme without providing any measurement book or
other relevant documents. As a matter of fact, petitioner made
complaint against the earlier ward member demanding the due
expenses used in repairing of pipes etc. Petitioner claims clean
antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application and submitted that there is specific
allegation that this petitioner misappropriated government fund
and from perusal of the account, it is apparent that withdrawals
were made through cheques in favour of this petitioner and he
himself received the cash.
6. Considering the nature of accusation and materials
available on record, prayer for anticipatory bail of the petitioner
is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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