Bail granted based on clean antecedents despite serious allegations, supported by a government letter confirming work completion.

For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

2 06-02-2026 Heard Mr. Ajay Kumar SIngh, learned counsel for the petitioners and Mr. Anil Kumar, learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in connection with Palanwa P.S. Case No. 115 of 2021, F.I.R. dated 26.07.2021 for the offences punishable under Sections

420, 409 and 34 of the IPC.

3. According to prosecution case, the informant alleged that the members and Secretary of the Ward Implementation and Management Committee of ward nos. 14 and 17 of Gram Panchayat Parsa Tapsi misappropriated funds under the Mukhyamantri Nischay Yojana.

4. Learned counsel for the petitioners submits that petitioners have clean antecedent and the allegation as alleged in the F.I.R is false and fabricated and the petitioners have not committed any offence as alleged in the F.I.R. He further submits that petitioner nos. 1 and 3 are the Chairman and Secretary of the Ward Implementation and Management Committee of Ward No. 14 and petitioner nos. 2 and 4 are the Chairman and Secretary of Ward Implementation and Management Committee of Ward No. 17 respectively of gram panchayat Parsauna Tapsi, Raxaul. It is submitted that although there is specific allegation of misappropriation of an amount to the tune of Rs. 11,93,400 and Rs. 12,00,000/- by the members and secretaries of the Ward Implementation and Management Committee of ward no. 14 and 17 respectively under the Mukhyamantri Nishchay Yojana but it has come to the stand that B.D.O., Raxaul has issued letter no. 823 dated 16.09.2025 which suggests that the petitioners have completed the work in question and also deposited Rs. 88,600/- in accouint of the Ward Implementation and Management Committee which suggests that the petitioners have not misappropriated the Government fund under Mukhyamantri Nishchay Yojana. Petitioners have clean antecedent.

5. Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners.

6. Considering the aforesaid facts and circumstances and that the petitioners have clean antecedent and the letter of B.D.O., Raxaul which suggests that the work has completed and the rest amount was deposited in the account of Ward Implementation and Management Committee, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Raxaul, Motihari, East Champaran, in connection with Palanwa P.S. Case No. 115 of 2021, subject to the conditions as laid down under Section 482 (2) of the Code of Criminal Procedure and with other following conditions:-

i. Petitioners 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.

ii. If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. 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 petitioners have concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. 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)