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Patna High Court

Bachu Kumar @ Bachchu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
           Patna High Court CR. MISC. No.91469 of 2025(2) dt.15-01-2026
                                                       3/3




                     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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