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2026 DAILYLAW 13084 (PAT)

DASHRATH YADAV @ DASHRATH KUMAR YADAV v. THE STATE OF BIHAR

CR. MISC./15353/2026 · 2026-04-29

Ajit Kumar

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15353 of 2026 Arising Out of PS. Case No.-51 Year-2025 Thana- Jagdishpur District- West Champaran ====================================================== Dashrath Yadav @ Dashrath Kumar Yadav S/O Ramshish Yadav @ Ramashish Yadav Resident Of Village- Moti Tola, Ward No 09, Ps- Chanpatia, District- East Champaran ... ... Petitioner/s Versus The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sujeet Kumar, Advocate For the Opposite Party/s : Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 3 29-04-2026 Heard the learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2. The petitioner is apprehending his arrest in connection with Jagishpur P.S. Case No. 51/2025, F.I.R dated 24.03.2025 registered for the offences punishable under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita, 2023. 3. According to prosecution case, the petitioner along with the co-accused persons in connivance with one another are alleged to have embezzled Rs. 8,17,555/- which was collected from group loan installments and failed to deposit them with the SSFL Company. 4. Learned counsel for the petitioner submits that the Patna High Court CR. MISC. No.15353 of 2026(3) dt.29-04-2026 2/3 petitioner is innocent and has not committed any offence. The petitioner has got no criminal antecedent. Learned counsel has submitted that the amount in question has already been deposited in the account of Sapandana Sfruit Financial Ltd. Company, vide Annexure-2, page 17. 5. Learned APP for the State opposes the prayer for anticipatory bail application by submitting that the specific allegation of embezzling Rs. 50,680/- is against the petitioner. 6. Considering the aforesaid facts and circumstances that the embezzled amount has already been deposited. Accordingly, this Court is inclined to grant the privilege of anticipatory bail to the petitioner. 7. Let the petitioner, above named, in the event of his/her 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 Judicial Magistrate-1, Bettiah, West Champaran in connection with Jagishpur P.S. Case No. 51/2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- Patna High Court CR. MISC. No.15353 of 2026(3) dt.29-04-2026 3/3 (i) one of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document/personal affidavit to show his/her bona fide; (ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself; (iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (v). learned counsel below is directed to verify that the amount has been deposited by the petitioner or not and on verification the bail bond shall be accepted. atul/- (Ajit Kumar, J) U T