IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.61822 of 2025 Arising Out of PS. Case No.-204 Year-2023 Thana- SANGRAMPUR District- East Champaran ======================================================

Mantu Yadav S/o Manager Yadav @ Manager Raut R/o Village- Chandpur, P.S.- Sangrampur, District- East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr.Madhurendra Kumar For the Opposite Party/s : Mr.Ram Bilash Roy Raman ======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

7 20-02-2026 1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Sangrampur Police Station Case No. 204 of 2023, dated 03.06.2023, disclosing offences punishable under Sections 406/409/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report lodged by the Panchayat Secretary of Gram Panchayat Raj Barwan, is that for execution of Government Secheme Gali-Nali Yojana, a sum of Rs. 4,70,000/- was withdrawn by the petitioner, who is the Ex-Ward Member and co-accused Rupesh Yadav, Ex-Panchayat Secretary, but despite several notices, they have not completed the work.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has not committed any offence in the manner alleged. He further submits that it is due to the conspiracy of co-accused Rupesh Yadav, Ex- Panchayat Secretary, and the Mukhiya, the work of Gali Nali has not been completed. He further submits that the entire amount has been received and kept by co-accused Rupesh Yadav, Ex-Panchayat Secretary, and the petitioner is still ready to complete the work, in question, once the fund is released by co-accused Rupesh Yadav, Ex-

Panchayat Secretary.

5. I have heard learned Counsel for the parties concerned and have perused the materials available on record, including the impugned order.

6. The allegation against the petitioner in the First Information Report is that he, along with the co-accused, withdrew Rs. 4,70,000/- for implementation of Gali Nali Scheme on 18.01.2019. The First Information Report has been lodged in the year 2023, specifically alleging the defalcation of government money. The petitioner is accused of embezzlement of government fund and the same is serious in nature.

7. Defalcation of public funds by public functionaries has a serious consequence in the implementation of government schemes. Money intended for public welfare is siphoned of by incomplete implementation of the government schemes. The misappropriation leads to delay in project completion. Admittedly, the Scheme was of the year 2019 and the same is still incomplete, as per the version of petitioner himself.

8. Accordingly, I am not inclined to grant anticipatory bail to the petitioner.

9. This application is, accordingly, dismissed (Anil Kumar Sinha, J.)

Prabhakar Anand/-

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