Manju Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27408 of 2025 Arising Out of PS. Case No.-6 Year-2023 Thana- MAHUA District- Vaishali ====================================================== Manju Devi W/O - Manoj Thakur @ Thakur Manoj Kumar R/o VillageVishunpura, P.S.- Mahua, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-05-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner is apprehending her arrest in connection with Mahua P.S. Case No. 06 of 2023 lodged on 08.01.2023 for the offence punishable under Sections 420, 409/34 of the Indian Penal Code.

3. As per the prosecution, under the Mukhyamantri Nal Jal Nischay Yojna, an amount of 14,75,200/- was ₹ disbursed for the execution of a government scheme; however, neither was the work completed in accordance with the sanctioned estimates, nor was the unutilized amount returned to the concerned.

4. Learned counsel for the petitioner submits that this is the second anticipatory bail application being filed on behalf

Patna High Court CR. MISC. No.27408 of 2025(2) dt.07-05-2025 2/3 of the petitioner. The changed circumstance is that a similarly situated co-accused, who is also named in the F.I.R., has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 18.12.2024 passed in Criminal Miscellaneous No. 67338 of 2024. It is further submitted that the petitioner is innocent and has not committed any offence. The petitioner was not apprehended from the place of occurrence and has no criminal antecedents. Learned counsel further submits that nothing incriminating has been recovered from the possession of the petitioner and the petitioner has been falsely implicated in this case.

5. On the other hand, the learned APP for the State opposes the prayer for anticipatory bail and submits that a second anticipatory bail application is not maintainable unless there is a substantial change in circumstances. It is further submitted that the grant of anticipatory bail to a co-accused person does not constitute a valid or sufficient change in circumstance warranting reconsideration of bail for the present petitioner.

6. In the present facts and circumstances of this case, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is

Patna High Court CR. MISC. No.27408 of 2025(2) dt.07-05-2025 3/3 hereby rejected.

7. It is hereby directed to the petitioner to surrender before the Trial Court within a period of six weeks from today, In case, the petitioner surrenders within six weeks, then the Trial Court is directed to pass order on his surrender-cum-bail application on the same day without being prejudice that the anticipatory bail of the petitioner has been rejected by this Court and the Trial Court shall pass order on the merit of this case. (Dr. Anshuman, J) Sudhanshu/- U T