Patna High Court
Bachu Kumar @ Bachchu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
Because the FIR is vague and does not disclose the petitioner’s role or modus operandi, anticipatory bail is warranted.
Summary
The petitioner, Bachu Kumar, sought anticipatory bail after learning that he might be arrested in connection with PS Udwantnagar case No.571 of 2022, which alleged offences under IPC sections 420, 406 and 409 for defalcating public funds. The prosecution’s case rested on a letter from a Panchayat Sachiv claiming the petitioner received Rs 11,00,000 for a project but completed work worth only Rs 6,71,930, resulting in a loss of Rs 4,28,070. The petitioner’s counsel argued that the FIR was vague, gave no details of how the alleged misappropriation was carried out, and did not disclose the petitioner’s role or modus operandi. The State opposed the bail, contending the seriousness of the allegations. The Court, noting the lack of specificity in the FIR, granted anticipatory bail subject to a bond of Rs 25,000 and two sureties, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directs the petitioner to surrender within four weeks if arrested.
Issues considered
- Whether anticipatory bail should be granted when the FIR alleges offences under IPC 420, 406 and 409 but is vague and lacks details of the alleged conduct.
- Whether the vagueness of the FIR is sufficient to deny the petitioner’s request for anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 406, 409, 420
Subjects
- anticipatory bail
- FIR vagueness
- cheating
- criminal breach of trust
- public money defalcation
- Indian Penal Code
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91469 of 2025
Arising Out of PS. Case No.-571 Year-2022 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Bachu Kumar @ Bachchu Kumar S/o Dharmraj Singh R/o Village -
Ghorpokhar, P.S - Udwantnagar, District - Bhojpur at Ara
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Aryan Singh, Advocate
For the Opposite Party/s : Mr. Syed Ehteshamuddin, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehend his arrest in connection
with Udwantnagar P.S. Case No. 571 of 2022, registered for the
offence punishable under Sections 420, 406 and 409 of the
Indian Penal Code.
3. The case of the prosecution, in short, as per the
informant, that one Rabin Kumar, Panchayat Sachiv, Gram
Panchayat-Bakari, P/S- Udwantnagar, District-Bhojpur,
submitted a letter no. 05 dated 05.12.2022 to SHO Udwantnagar
Police Station alleging therein, that the Lok Sikayat Niwaran
Padadhikari-Cum-First Appellate Pradhikar, Bhojpur, Ara has
ordered to lodge FIR against accused persons including
petitioner for the fact that they have received Rs. 11,00,000/- for
Patna High Court CR. MISC. No.91469 of 2025(2) dt.15-01-2026
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the project work while they have only done work worth Rs.
6,71,930/- and thereby defalcated Rs. 4,28,070/- from public
money.
4. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent. The entire
prosecution story is false, fabricated and concocted. Learned
counsel for the petitioner submits that although the allegation
levelled in the FIR is serious in nature but no details have been
given as to how the defalcation has been done by the petitioner.
It is further submitted that the allegation in the FIR is vague
without disclosing as to what role has been played by the
petitioner in the alleged defalcation of public money. It is next
submited that the modus operandi adopted by the petitioner has
not been discussed and disclosed in the FIR.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
6. Considering the fact that although the allegation
levelled in the FIR is serious in nature but no details have been
given as to how the defalcation has been done by the petitioner.
It is further submitted that the allegation in the FIR is vague
without disclosing as to what role has been played by the
petitioner in the alleged defalcation of public money. The modus
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operandi adopted by the petitioner has not been discussed and
disclosed in the FIR. Under these circumstances, this Court is
inclined to grant privilege of anticipatory bail to the petitioner.
7. Let the petitioner, named above, in the event of his
arrest or surrender before the Court below within four weeks
from today, be released on bail on furnishing bail bond of
Rs.25,000/- (Rupees Twenty-Five Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrare, Bhojpur at Ara in connection with
Udwantnagar P.S. Case No. 571 of 2022, subject to the
conditions laid down under section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Alok Kumar Sinha, J)
Gaurav Sinha/-
U T
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