Sri Budhan Mahto @ Buddhan Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17086 of 2026 Arising Out of PS. Case No.-221 Year-2015 Thana- BACHHWARA District- Begusarai ====================================================== 1.

Sri Budhan Mahto @ Buddhan Mahto S/o Amrit Mahto Resident of - Sukkan Tola, Near Jamunalal Pokhar, Ward No.41, P.S - Balliya, District - Begusarai 2.

Sri Prameshwar Paswan @ Parmeshwar Paswan S/o Braham Dev Paswan R/o Village - Sultanpur, Ward No. 03, P.S - Desari, District - Vaishali ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Akash Kumar Mishra For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-05-2026 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Section 409 of the Indian Penal Code.

3.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and the informant alleges that accused persons including the petitioners misappropriated an amount of Rs. 14,46,835/- withdrawn under the 12th and 4th Finance Commission and the Backward Region Grant Fund between the financial years 2007-08 and 2014-15 by not installing 32 sanctioned solar light unit and installing 85

Patna High Court CR. MISC. No.17086 of 2026(2) dt.15-05-2026 2/3 substandard unit at inflated rates.

4.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegations as alleged in the FIR, it would manifest that the informant alleges that 32 sanctioned solar light units were not installed rather 85 substandard units were installed at inflated rates. It is further submitted that the scheme was floated in the years 2007-08 to 2009 and the FIR came to be instituted in 2015, when the life of a solar light is 5 years. It is also submitted that in between these 10-11 years, the police never made any endeavours to arrest the petitioner nor police sought process under section 82 Cr.P.C from the learned trial court and the investigation in the case is still continuing. It is also submitted that petitioners will not abscond rather will co-operate in the investigation to prove their innocence.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail

Patna High Court CR. MISC. No.17086 of 2026(2) dt.15-05-2026 3/3 bonds of Rs. 25,000/- (Rupees Twenty-five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bachhwara P.S. Case No. 221 of 2015, subject to the conditions as laid down under Section 482 (2) of the BNSS.

(Satyavrat Verma, J) Sumit/- U T