Patna High Court

Anil KumarversusThe State of Bihar

Decided: 27 April 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was refused.

Summary

The petitioner, Anil Kumar, a Data Entry Operator, applied for anticipatory bail after a case was registered alleging he defrauded government revenue of Rs. 3,96,000. The allegations stem from his alleged involvement in a conspiracy with co‑accused to misappropriate funds collected as MV Tax and e‑challans, violating several sections of the Bharatiya Nyaya Sanhita. The petitioner contended he was not responsible for cash collection and had a clean antecedent, while the prosecution presented evidence of a departmental inquiry and audit indicating his active role in the misappropriation. The court examined the seriousness of the accusations and the petitioner’s alleged participation in the conspiracy. Concluding that the nature of the offence warranted denial of bail, the court refused the anticipatory bail application.

Issues considered

Whether anticipatory bail should be granted to the petitioner in view of the alleged defalcation of government funds under the Bharatiya Nyaya Sanhita.
Whether the petitioner’s alleged participation in the conspiracy justifies 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
defalcation
government revenue
Bharatiya Nyaya Sanhita
corruption
bail refusal
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90527 of 2025
                  Arising Out of PS. Case No.-608 Year-2025 Thana- SASARAM NAGAR District- Rohtas
                 ======================================================
                 Anil Kumar Son of Mohan Prasad R/o Bihari Mil, P.S. - Nawada Ara, P.O. -
                 Anaith Ara, Distt. - Bhojpur - 802302.
                                                                        ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar
           2.    D.T.O. Rohtas at Sasaram
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Anupam Bahadur, Advocate
                 For the Opposite Party/s :      Mr. Rajendra Nath Jha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   27-04-2026                   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 employees posted at RTPS counter

                   collected government revenue in cash in form of MV Tax and E-

                   challans but failed to deposit the same in government account.

                   Petitioner is alleged to have defalcated the amount of Rs.

                   3,96,000/-.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Petitioner

                   is posted as Data Entry Operator in DTO, Patna and it was not

                   his duty to collect and deposit the money. When the alleged
            Patna High Court CR. MISC. No.90527 of 2025(4) dt.27-04-2026
                                                        2/2




                      occurrence took place, petitioner was posted as Data Entry

                      Operator in DTO, Rohtas and was discharging his duty relating

                      to printing and dispatching of driving license and registration

                      certificates, evident vide Annexure-P2. Petitioner claims clean

                      antecedent.

                                   5. However, learned A.P.P. for the State vehemently

                      opposed the bail application and submitted that in the

                      departmental inquiry, co-accused Ajay Kumar, who is also a

                      Data Entry Operator, accepted his guilt of defalcating Rs.

                      1,42,52,206/- of the department and has returned the amount of

                      Rs. 15,99,075/- on 26.06.2025. The audit was conducted and

                      during investigation, it was observed that this petitioner and co-

                      accused Anil Kumar (Programmer) have jointly misappropriated

                      the fund of Rs. 55,06,900/-. Petitioner has played an active role

                      in the conspiracy and has defalcated the amount of Rs.

                      3,96,000/-.

                                   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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