IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5426 of 2026 Arising Out of PS. Case No.-184 Year-2023 Thana- BIKRAMGANJ District- Rohtas ====================================================== Om Prakash Kumar S/o Late Vishwanath Singh R/o-Village- Kurmuri, P.S.- Sikarhata, District- Bhojpur Ara. Also at, Anand Nagar, Ward No. 5, P.S- Bikramganj, District- Rohtas. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shiv Pratap, Advocate For the Opposite Party/s : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 29-01-2026 Heard Mr. Shiv Pratap, learned counsel for the petitioner and Mr. Anil Kumar, learned Additional Public Prosecutor for the State. 2. The petitioner seeks bail, who is in custody since 24.07.2023 in connection with Bikramganj P.S. Case No. 184 of 2023, corresponding to G.R. Case No. 877/ 2023, F.I.R. dated 05.04.2023 for the offences punishable under Sections 467, 468, 471, 409, 420 and 120(B) of the Indian Penal Code. 3. According to prosecution case, the petitioner being the then Clerk-cum-Nazir, Sub Divisional office, Bikramganj, embezzled/defalcated Rs. 1,83,84,248.17/- of the government money after preparing fake bank details, fake copy of chalans, wrong entries in the books of account concealing real facts. Patna High Court CR. MISC. No.5426 of 2026(2) dt.29-01-2026 2/4 4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that the charges has been framed against the petitioner u/s 467, 468, 471, 409, 420 and 120(B) of the Indian Penal Code. Learned counsel further submits that earlier the petitioner has moved before this Hon’ble Court in Cr. Misc. No. 4382 of 2024 for grant of regular bail but the same was dismissed by a Coordinate Bench of this Hon’ble Court vide order dated 13.08.2024. He further submits that the petitioner is in custody since 24.07.2023 and the trial has not concluded as yet. Although, trial has began and witnesses have been examined but they have not supported the case of prosecution. As per allegation in the FIR, the petitioner being the Clerk-cum-Nazir, Sub Divisional office, Bikramganj embezzled/defalcated Rs. 1,83,84,248.17/- of the government money after preparing fake bank details, fake copy of chalans wrong entries in the books of account concealing real facts. He further submits that the petitioner has also faced departmental proceeding for the same set of allegation and he is in custody since 24.07.2023 for more than two and half years and he is government servant. 5. Learned APP has vehemently opposed the prayer Patna High Court CR. MISC. No.5426 of 2026(2) dt.29-01-2026 3/4 for bail of the petitioner and submits that the petitioner carries one more case other than the present one and that case is pending for consideration before competent court of law. 6. Considering the aforesaid facts and circumstances of the case and the period of custody of the petitioner, let the petitioner, above named, 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 A.C.J.M., Bikramganj, in connection with Bikramganj P.S. Case No. 184 of 2023, corresponding to G.R. Case No. 877/ 2023, with the following conditions: i. Petitioner 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 her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. ii. If the petitioner tampers 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 petitioner has concealed his Patna High Court CR. MISC. No.5426 of 2026(2) dt.29-01-2026 4/4 criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. 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. Ranjeet/- (Rajesh Kumar Verma, J) U T