Patna High Court
Nirmal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that the FIR does not prima facie establish the alleged offences and therefore granted anticipatory bail to the petitioners.
Summary
The petitioners, Nirmal Kumar and Shiv Prasad Rai, elected officials of Ward No. 5, Hardiya Panchayat, were named in an FIR alleging defalcation of funds allotted under the Nal‑Jal Yojana and the construction of a substandard water tank that collapsed. They contended that the money had been transferred to the contractor and that the tank was later reconstructed, arguing that the FIR does not substantiate cheating or criminal breach of trust. The State opposed their prayer for anticipatory bail. The High Court examined the FIR and found that it failed to prima facie establish the offences under Sections 420, 406, 409 and 120B of the IPC. Consequently, the Court ordered that the petitioners be released on anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and conditions under Section 438(2) Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the FIR discloses a prima facie case of cheating or criminal breach of trust under Sections 420, 406, 409 and 120B IPC.
- Whether anticipatory bail should be granted to the petitioners.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 120B, 406, 409, 420
Subjects
- anticipatory bail
- cheating
- criminal breach of trust
- IPC sections 420 406 409 120B
- Nal‑Jal Yojana
- public funds
- elected representatives
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85569 of 2025
Arising Out of PS. Case No.-110 Year-2019 Thana- JAGDISHPUR District- Bhojpur
======================================================
1. Nirmal Kumar S/O Laxman Prasad @ Laxman Ram Resident of Village-
Haradiya, P.S- Jagdishpur, District- Bhojpur
2. Shiv Prasad Rai @ Shiv Prasad Ram S/O Jagsital Rai Resident of Village-
Haradiya, P.S- Jagdishpur, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr.Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The both accused-petitioners, named in
the F.I.R., are apprehending their arrest in
connection with Jagdishpur P.S. Case No. 110 of
2019 registered for the offences punishable under
Sections 420, 406, 409/120B of the Indian Penal
Code.
3. As per FIR, petitioners alleged to defalcate
the government money allotted under the Nal-Jal
Yojana.
4. Learned counsel appearing on behalf of
Patna High Court CR. MISC. No.85569 of 2025(2) dt.17-02-2026
2/3
the petitioners submitted that the water tank
constructed under the Yojana was of substandard
and no quality material was used for its
construction which collapsed immediately after its
construction. It is submitted that petitioner no. 1 is
the Secretary and petitioner no. 2 is the President
of Ward Management and Implementation
Committee of Ward No. 5 of Hardiya Panchayat.
5. It is submitted that even the FIR suggests
that money was transferred on 31.08.2018 to the
contractor for the assigned work under the Yojana
and, therefore, the allegation, as to defalcate the
government money, is not appears convincing. It is
submitted that merely as the contractor, after
execution of work, could not deposited the
utilization certificate, the present false case was
lodged. It is further submitted that even the water
tank which said to be collapsed was reconstructed.
Petitioners claimed clean antecedent.
6. Learned A.P.P. for the State opposes the
prayer for anticipatory bail of the petitioners.
7. In view of the aforesaid factual
Patna High Court CR. MISC. No.85569 of 2025(2) dt.17-02-2026
3/3
submissions and by taking note of the fact as
primarily the allegation as raised through present
FIR failed to convince the allegation prima facie as
to fall under the category of cheating or of criminal
breach of trust, accordingly, petitioners above-
named, are the elected representative of Ward No.
5 of Hardiya Panchayat, in the event of their
arrest/surrender within a period of four weeks from
this order, are directed to be enlarged on bail on
furnishing of bail bond of Rs.10,000/- (ten thousand
only) each with two sureties of the like amount
each to the satisfaction of learned A.C.J.M. - 1 st,
Bhojpur at Ara /concerned court in connection with
Jagdishpur P.S. Case No. 110 of 2019, subject to
the conditions as laid down under Section 438(2) of
the Cr.P.C/Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
Checking your session…