Patna High Court
Akshay Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court refused anticipatory bail, finding that the seriousness of the accusations warranted denial of relief.
Summary
Akshay Kumar Singh, a former data entry operator, was charged with misappropriating Rs. 46,70,550 of motor vehicle tax and faced charges under several sections of the Bharatiya Nyaya Sanhita. He applied for anticipatory bail, asserting his innocence and blaming another individual, Ajay Kumar Singh, for the alleged theft. The State opposed the bail application, emphasizing the seriousness of the allegations. After hearing both sides, the court considered the nature of the offences and the risk of the petitioner evading trial. Consequently, the court refused the anticipatory bail, holding that the accusations warranted denial of relief.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the Bharatiya Nyaya Sanhita.
- Whether the nature and seriousness of the alleged misappropriation justify denial of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 316(2), 316(5), 318(4), 336(3), 338, 340(2), 3(5)
Subjects
- anticipatory bail
- misappropriation of public funds
- tax collection
- Bharatiya Nyaya Sanhita
- serious offences
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84278 of 2025
Arising Out of PS. Case No.-608 Year-2025 Thana- SASARAM NAGAR District- Rohtas
======================================================
Akshay Kumar Singh S/O Krishna Deo Singh Resident of village - Banchar
Khurd, P.S- Rafiganj, Distt.- Aurangabad,the then Data Entry OPerator, D.T.O
Rohtas, at present D.T.O Office, Kaimur, P.S- Kaimur, Dist- Kaimur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Kant, Advocate
For the Opposite Party/s : Mr. Ram Naresh Ray, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 16-03-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Sasaram (Town) P.
S. Case No. 608 of 2025 registered for the offences punishable
under Sections 338, 336(3), 340(2), 316(2), 316(5), 318(4), 3(5)
of the Bharatiya Nyaya Sanhita.
3. It is alleged that this petitioner misappropriated
public money of Rs. 46,70,550/- which he had collected in the
form of M.V. Tax but did not deposit in government bank
account.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. As a matter
of fact, it was one Ajay Kumar Singh who used to collect the
amount and is responsible for the alleged defalcation. Petitioner
Patna High Court CR. MISC. No.84278 of 2025(5) dt.16-03-2026
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has falsely been implicated in this case only on suspicion and
claims clean antecedent.
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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