Patna High Court
Neelam DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court refused anticipatory bail, holding that the seriousness of the alleged offences precludes the grant of such relief.
Summary
The petitioner, Neelam Devi, sought anticipatory bail in a case (No. 373 of 2017) alleging offences under Sections 406, 409 and 420 of the Indian Penal Code relating to alleged irregularities and embezzlement in school‑building projects. The prosecution alleged that the petitioner, as elected Secretary of the block, signed cheques along with the co‑accused for withdrawal of funds earmarked for construction. The petitioner contended she had no role in the withdrawal and was falsely implicated. The State opposed bail, emphasizing her participation in signing the cheques and the seriousness of the charges. The Court, after hearing both sides, refused the anticipatory bail, holding that the nature and seriousness of the allegations warranted denial of relief.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Criminal Procedure Code in view of the alleged offences under Sections 406, 409 and 420 of the Indian Penal Code.
- Whether the petitioner’s alleged participation in signing withdrawal cheques makes her a co‑accused justifying denial of bail.
Legislation cited
- Indian Penal Code — s. 406, 409, 420
Subjects
- anticipatory bail
- Indian Penal Code
- Section 406
- Section 409
- Section 420
- em embezzlement
- school construction
- criminal breach of trust
- cheating
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91669 of 2025
Arising Out of PS. Case No.-373 Year-2017 Thana- KOILWAR District- Bhojpur
======================================================
Neelam Devi W/o Arun Singh Resident of Village - Katkaria, P.S.- Koilwar,
District - Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raju Kumar Singh, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Koilwar P. S. Case
No. 373 of 2017 registered for the offences punishable under
Sections 406, 409, 420 of the Indian Penal Code.
3. The prosecution case, in brief, is that the Sri Hira
Lal Singh, Block Education Officer of Koilwar lodged a case
against co-accused Vishwesar Kumar, Mohammad Ayyub Alam,
Jyotindra Kumar and Raj Narayan Singh on the direction of
District Program Officer and District Magistrate of Bhojpur for
irregularities in the construction of buildings of different schools
under Koilwar Block and for embezzlement of money.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
has falsely been implicated in this case with ulterior motive.
Patna High Court CR. MISC. No.91669 of 2025(3) dt.20-02-2026
2/2
Specific allegation is against Head Master and In-charge Head
Master of the schools in question. Petitioner was elected
Secretary in the year 2011-12 and she has no role in the
withdrawal of money. Petitioner is lady and claims clean
antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application and submitted that at the relevant time, this
petitioner was elected Secretary and she also signed the cheques
along with named accused persons for withdrawal of the money,
sanctioned for construction of school buildings.
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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