Parwati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78754 of 2023 Arising Out of PS. Case No.-380 Year-2022 Thana- CHHAURADANO District- East Champaran ====================================================== 1.

PARWATI DEVI W/O- BABULAL RAI R/O- VILLAGE- KORAIYA WAD NO.- 4, P.S.- MAHUAWA, DIST.- EAST CHAMPARANT. MOTIHARI 2.

BHUSHANKUMAR YADAV S/O- LALBABU RAI R/O- VILLAGEKORAIYA WAD NO.- 4, P.S.- MAHUAWA, DIST.- EAST CHAMPARANT. MOTIHARI ... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR, PATNA ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Parmeshwar Mehta Mr. Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-02-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Chhauradano P.S. Case No. 380 of 2022 registered for the offence under Sections 406, 409, 420 of the Indian Penal Code.

3. As per the prosecution case, the petitioners are alleged to have not completed the work assigned to them by Government and it is also alleged that the petitioners have misappropriated the government money for the said scheme.

4. It has been submitted by the learned counsel for

Patna High Court CR. MISC. No.78754 of 2023(4) dt.09-02-2026 2/3 the petitioners that the petitioners are innocent and they have falsely been implicated in this case. He further submits that the work has been completed now and therefore the petitioners may be granted anticipatory bail.

5. Learned counsel for the State has opposed the application of the petitioners.

6. From perusal of the records of this case, it appears that vide order 26.02.2024, the District Magistrate, East Champaran was asked to submit a report regarding the present issue but till date, no report has been received.

7. In view of the above, this application is disposed of with a direction to the petitioners to move the Court below afresh and thereafter, the Court below will verify about the conclusion of work from the District Magistrate concerned. If the District Magistrate certifies that the work has been completed then the Court below will pass an appropriate order with regard to the anticipatory bail of the petitioner without being prejudiced by the fact that this Court has not passed any order with regard to grant of anticipatory bail to the petitioner. It is also made clear that if the Court below finds that the work has not been completed then the petitioners will surrender and pray for regular bail.

Patna High Court CR. MISC. No.78754 of 2023(4) dt.09-02-2026 3/3

8. With the aforesaid direction, this application is disposed of.

(Sandeep Kumar, J) Vikas/- U