Patna High Court

Vikash KumarversusThe State of Bihar

Decided: 17 March 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court refused to grant anticipatory bail to the petitioner.

Summary

The petitioner, Vikash Kumar, a former Gram Panchayat Secretary, was implicated in a case (P.S. Case No. 42 of 2021) for alleged embezzlement of funds allocated under the Nal Jal Yojana. The FIR alleged offences under Sections 420, 409 and 34 of the Indian Penal Code. The petitioner applied for anticipatory bail, asserting his innocence, clean antecedents and that the allegations were false. The State opposed the bail, emphasizing the seriousness of the charges. Considering the nature and seriousness of the accusations, the Court refused the anticipatory bail application.

Issues considered

Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under Sections 420, 409 and 34 IPC.
Whether the seriousness of the allegations justifies denial of anticipatory bail.

Legislation cited

Indian Penal Code — s. 34, 409, 420

Subjects

anticipatory bail
IPC 420
IPC 409
embezzlement
government scheme
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84220 of 2025
                 Arising Out of PS. Case No.-42 Year-2021 Thana- SHAHPUR PATORI District- Samastipur
                 ======================================================
                 Vikash Kumar S/O Mukesh Poddar R/O Village- Hawaspur, P.S- Patori,
                 Distt.- Samastipur.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Suneil Kumar Thakur, Advocate
                 For the Opposite Party/s :      Mr. Umeshanand Pandit, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   17-03-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in Patori P. S. Case No.

                   42 of 2021 registered for the offences punishable under Sections

                   420, 409/34 of the Indian Penal Code.

                                3. Allegation against petitioner is of embezzlement of

                   Government money which was allocated under the scheme of

                   Nal Jal Yojana. At the relevant time, petitioner was Secretary of

                   Gram Panchayat and several irregularities were found in the

                   execution of the said scheme but despite repeated instructions,

                   shortcomings were not removed. Accordingly, the F.I.R.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Petitioner

                   has falsely been implicated in this case and claims clean

                   antecedent.
              Patna High Court CR. MISC. No.84220 of 2025(4) dt.17-03-2026
                                                          2/2




                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering the nature and seriousness of

                        accusation, prayer for anticipatory bail of the petitioner is

                        refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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