The grant of anticipatory bail is warranted based on non-admission of guilt, willingness to repay undue amounts, and consideration of the petitioner's clean antecedents.

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 31-01-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 419 , 420, 467, 468, 406 and 409 of the Indian Penal Code .

3. As per F.I.R., informant, who happens to be Panchayat Secretary of Block- Rajnagar, alleged that this petitioner, along with other accused persons, withdrew Rs.

42,000/- excess from Government fund.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has committed no offence. Petitioner has falsely been implicated in this case only because at the relevant time, he was posted as Panchayat Sachiv and has already superannuated. However, it is submitted that at this stage, without admitting his guilt, petitioner is ready to deposit the excess amount allegedly withdrawn by him, amounting to Rs. 42,000/-. Petitioner claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the facts and circumstances of the case, nature of accusation, fact that petitioner has already superannuated, aforesaid undertaking of the petitioner and clean antecedents, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Ist, Madhubani in connection with Rajnagar P.S. Case No. 174 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S. , along with the following terms and conditions:

“A. At the time of furnishing bail-bond, excess amount allegedly withdrawn by this petitioner, amounting to Rs. 42,000/- (Forty two thousand rupees), shall be deposited through cash in the Nazarat of the Civil Court, Madhubani.

B. The aforesaid payment shall be subject to the final outcome of the case.

C. If petitioner fails to comply the aforesaid direction of this Court, the learned Trial Court is free to cancel the bail-bond of the petitioner.”

8. It is made clear that without going into the merit of the case, the aforesaid order has been passed only for the purpose of grant of bail.

(Prabhat Kumar Singh, J)