Ramakant Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32167 of 2026 Arising Out of PS. Case No.-186 Year-2022 Thana- SAKURABAD District- Jehanabad ====================================================== Ramakant Prasad S/o- Late Rohanlal @ Rohan Kewat Resident of VillageBeldar Bigha Police Station- Shakurabad, Dist- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Navin Sharma, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-05-2026 Heard Mr. Navin Sharma, learned counsel for the petitioner and Mr. Shailendra Kumar, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 23.12.2025, in connection with Shakurabad P.S. Case No. 186 of 2022, F.I.R. dated 25.08.2022 registered for the offences punishable under Sections 379, 420, 409/34 of the Indian Penal Code.

3. Allegation against the petitioner is that he along with co-accused person committed misappropriation to the tune of Rs. 19,69,900/- (Rupees Nineteen Lakhs Sixty Nine Hundred and Nine Hundred) under Gram Panchayat, Kansua.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. As per allegation in the F.I.R., the

2/4 petitioner has committed misappropriation to the tune of Rs. 19,69,900/- (Rupees Nineteen Lakhs Sixty Nine Hundred and Nine Hundred) under the Gram Panchayat, Kansua. He further submits that the petitioner is Secretary of Ward No. 11 and other co-accused person, namely, Rambhajan Kewat who is President of Gram Panchayat, Kansua and they have received the amount in question under the Government Scheme to complete the work in question and they have received Rs. 19,69,900/- (Rupees Nineteen Lakhs Sixty Nine Hundred and Nine Hundred) under the Nischay Yojana of Water Supply Scheme. Learned counsel for the petitioner fairly submits that out of Rs. 19,69,900/- (Nineteen Lakhs Sixty Nine Hundred and Nine Hundred), the petitioner have completed the work in question to the tune of Rs. 16,90,186/- (Sixteen Lakhs Ninty Thousand and One Hundred Eighty Six) and rest amount i.e. Rs. 2,79,713/- (Two Lakhs Seventy Nine Thousand Seven Hundred and Thirteen) is in the Bank account of the accused person.

5. Learned counsel for the petitioner on instruction fairly submits that the petitioner is ready to deposit the rest amount to the tune of Rs. 2,79,713/- (Two Lakhs Seventy Nine Thousand Seven Hundred and Thirteen) to the authority concerned and for the same set of allegation co-accused person,

3/4 namely, Rambhajan Kewat who is President of the Panchayat in question has been granted bail vide order dated 12.02.2026 passed in Cr. Misc. No. 49013 of 2025 by a Coordinate Bench of this Court and the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 23.12.2025.

6. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

7. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Shakurabad P.S. Case No. 186 of 2022, subject to the following conditions :-

(1) The petitioner shall deposit Rs. 2,79,713/- (Two Lakhs Seventy Nine Thousand Seven Hundred and Thirteen) by way of demand draft at the time of furnishing bail bond in favour of the informant and the learned Court below is directed to hand over the said demand draft to the informant or his representative.

4/4

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(3) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(4) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T