Patna High Court

CR. MISC./56450/2026 of Sonu Kumar @ Vikesh Kumar Vs The State of Bihar on 19 August 2026

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COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56450 of 2026 Arising Out of PS. Case No.-356 Year-2022 Thana- CHIRAIYA District- East Champaran ====================================================== Sonu Kumar @ Vikesh Kumar S/o Laxman Sah Ward Secretary, Ward No. 14, R/o Village and P.O

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56450 of 2026

Arising Out of PS. Case No.-356 Year-2022 Thana- CHIRAIYA District- East Champaran ======================================================

Sonu Kumar @ Vikesh Kumar S/o Laxman Sah Ward Secretary, Ward No. 14, R/o Village and P.O - Khartari, PS - Chiraiya, District - East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr. Vasant Vikas, Advocate

For the Opposite Party/s :

Mr. Bharat Bhushan, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

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ORAL ORDER

19-08-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Chiraiya P.S. Case No. 356 of 2022, dated 04.08.2022, lodged under Sections 406, 409 and 420 of the Indian Penal Code.

3. As per the prosecution, the FIR has been lodged against four named accused persons, including the present petitioner, who is stated to be a Ward Sachiv of Ward No. 14, with an allegation of non-implementation of the work allotted to him and defalcation of Rs. 4,10,112/-.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that he is one of the signatories to the cheque.

Patna High Court CR. MISC. No.56450 of 2026(2) dt.19-08-2026

Counsel further submits that after filing of the case, the work has been completed. Counsel further submits that, in this regard, anticipatory bail has been allowed to the other co-accused person vide order dated 18.10.2023 passed in Cr. Misc. No. 57826 of 2023.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that in the case in which the co-accused was granted bail, the petitioner therein had completed the work in question and the concerned Executive Officer had issued a letter bearing No. 451 dated 05.08.2023. However, in the present case, this is not the situation.

6. After hearing the parties and perusal of the record, this Court finds that no certificate or letter from the Executive Officer has been produced by the petitioner.

7. In the facts and circumstances of the case, let the petitioner above named be released on provisional bail, in the event of his arrest or surrender before the Trial Court within a period of six weeks, on furnishing a bail bond of Rs. 30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023, to the satisfaction of the 4th Additional Chief Judicial Magistrate, Sikrahana at Dhaka, East Champaran, in connection with Chiraiya P.S. Case No. 356 of 2022, subject to Patna High Court CR. MISC. No.56450 of 2026(2) dt.19-08-2026

the conditions as laid down under Section 482(2) of the BNSS, 2023, with further conditions:- The petitioner shall produce the completion certificate from the concerned Executive Officer within three months. Upon production of the same within three months, the Trial Court shall verify the same and only thereafter confirm his bail bond. Otherwise, his bail bond shall be confirmed only upon deposit of the defalcated amount, i.e., Rs. 4,10,112/-. However, the entire exercise shall be completed within three months. It is made clear that the Trial Court shall wait for three months and, if the aforesaid exercise is not completed within three months, his provisional bail shall be cancelled.

Aman Kumar/- (Dr. Anshuman, J.) U T

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