Patna High Court
Pawan Kumar Chaurasia @ Pawan Kumar ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Pawan Kumar Chaurasia, a head clerk in the Child Development Project Office, was implicated in a case alleging corruption in the selection of an Anganwadi Sevika, with offences under IPC sections 406, 420, 467, 468 and 471. The FIR alleged that the CDPO and others demanded Rs 3 lakh for the appointment of the complainant’s wife, and that the petitioner, though a clerk, was named in a general allegation without any specific role. The petitioner argued that he had no authority to make appointments and that the specific charge of demanding money was against the CDPO, who had already been granted anticipatory bail. The court considered the nature of the allegations, the lack of specific involvement of the petitioner, and the fact that the CDPO had been granted bail. Accordingly, the court granted anticipatory bail to the petitioner, directing release on a bail bond of Rs 10,000 with two sureties, subject to conditions under CrPC Section 438(2) and BNSS Section 482(2).
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite being named in a FIR for offences under IPC sections 406, 420, 467, 468 and 471.
- Whether the grant of anticipatory bail to the CDPO influences the bail decision for the petitioner.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 406, 420, 467, 468, 471
Subjects
- anticipatory bail
- corruption
- Anganwadi selection
- IPC sections 406 420 467 468 471
- public servant
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91243 of 2025
Arising Out of PS. Case No.-119 Year-2022 Thana- MAINATAND District- West Champaran
======================================================
Pawan Kumar Chaurasia @ Pawan Kumar Chaudhary S/O Ramashankar
Prasad Resident of Village- Barawa Tri- Bhauni, Ward no. 11, Police Station-
Bhairoganj, Distt.- West Champaran at present posted on the post of head
Clerk, Child Development project office Mainatand, West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Lallan Kumar Verma
For the Opposite Party/s : Mr. Dr. Indiwar Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 02-04-2026 1. Heard learned Counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Mainatand Police Station Case No. 119 of 2022,
disclosing offences under Sections 406, 420, 467, 468, 471 of
the Indian Penal Code.
3. As per the Complaint-cum-FIR, the wife of
complainant Urmila Devi applied for selection of Anganwadi
Sevika in Centre No. 189 in the year 2019. The merit list was
prepared in which one Sunita Kumari was placed at serial no. 1
and informant's wife was placed at serial no. 2. It has been
alleged that C.D.P.O. and other accused persons have placed
Sunita Kumari at serial no. 1 after taking huge amount of
Patna High Court CR. MISC. No.91243 of 2025(3) dt.02-04-2026
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money. The female supervisor had called the complainant and
demanded Rs 3 lacs for the selection of the complainant's wife.
The complainant and his wife mortgaged the land and handed
over Rs 1,50,000 to C.D.P.O. on 20.12.2020 and on 22.10.2020
without holding the Gram Sabha and despite objections from
other candidates and villagers, the C.D.P.O., Mainatand, and
other employees including the petitioner, collected a large
amount of money from the fake candidate Sunita Kumari and
appointed her on the post of Anganwadi Sevika and when
objected, the C.D.P.O. said that she was selected after giving Rs.
3 lacs.
4. Learned counsel for the petitioner submits that
the petitioner has falsely been implicated in this case with
oblique motive. The petitioner was posted as Head Clerk in the
office of C.D.P.O., Mainatand, West Champaran. The petitioner
was having no authority to make appointment and the authority
is with the C.D.P.O. In the FIR, no specific role has been
assigned to the petitioner and general and omnibus allegation is
there against him, whereas the specific allegation of demanding
money is against C.D.P.O. However, the C.D.P.O. has been
granted anticipatory bail by the learned court below on
16.10.2023 in ABP No. 3617 of 2022.
Patna High Court CR. MISC. No.91243 of 2025(3) dt.02-04-2026
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5. Having regard to the submissions made on
behalf of the parties and taking into consideration the nature of
allegation against the petitioner and the fact that C.D.P.O.,
against whom there is a specific allegation, has been granted
anticipatory bail by the learned court below, I am inclined to
grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate, 1st Class,
Bettiah, West Champaran, in connection with Mainatand Police
Station Case No. 119 of 2022, subject to the condition laid down
under Section 438 (2) of the Code of Criminal
Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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