IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65718 of 2025 Arising Out of PS. Case No.-450 Year-2025 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Amit Kumar (Constable /726) Son of Naresh Prasad Mandal Resident of Village - Basgara Rampur, P.S. - Forbesganj, District - Araria. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Indu Bhushan For the Opposite Party/s : Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 5 24-02-2026 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 Motihari Town Police Station Case No. 450 of 2025, dated 29.05.2025, disclosing offences punishable under Sections 316(5)/318(4)/338/336(3) of the Bhartiya Nyaya Sanhita, 2023. 3. The prosecution case, as per the First Information Report, is that the petitioner, after forging the signatures of his superior authority on the coupon for procuring diesel for the generator, has misappropriated the government fund, equivalent to 400 litres of diesel. 4. Learned Counsel for the petitioner submits that the Patna High Court CR. MISC. No.65718 of 2025(5) dt.24-02-2026 2/3 petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner was not the custodian of the coupons, rather, the coupons, in question, were handed over to him by Jitesh and S.L. Shivam Dhakar, which were given to the petitioner for taking diesel for the generator. He further submits that there is no complaint about missing of any of the coupons, which can be used by the petitioner. He further submits that the initials of Jitesh and S.L. Shivam Dhakar were not sent for its examination and on their mere denial, the petitioner has been made accused in this case. 5. On the other hand, learned Additional Public Prosecutor vehemently opposes the prayer for anticipatory bail and submits that during investigation, the two persons, whose initials are alleged to be there on the coupons, have denied that the signatures on the coupons are their initials and there is no occasion to disbelieve their statements. 6. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the allegation against the petitioner is of misappropriation of government fund, the petitioner is member of the uniformed service and the Police Officers have denied the Patna High Court CR. MISC. No.65718 of 2025(5) dt.24-02-2026 3/3 initials appearing on the coupons to be their initials, I am not inclined to grant the petitioner privilege of anticipatory bail. 7. This application is, accordingly, dismissed Prabhakar Anand/- (Anil Kumar Sinha, J.) U √ T √