Patna High Court
Kundal Kumar @ Kundan Kumar @ Kundal Kumar PrabhakarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner subject to a bond of Rs 10,000, two sureties, and the conditions of Section 482(2) of the Bihar Negotiable Sale Act.
Summary
The petitioner, a chairman‑cum‑manager of a cooperative PAC, was named in an FIR alleging defalcation of 411.05 MT of paddy worth Rs 95.56 lakh. The FIR was filed without any physical verification of the godown, and the petitioner argued that a No‑Objection Certificate from the Nawada Central Cooperative Bank confirmed no dues against him. The petitioner sought bail, while the opposing counsel opposed it, noting the petitioner’s involvement in another criminal case. The court observed that the FIR was based merely on suspicion and that the bank’s NOC weakened the prosecution’s case. Consequently, the court directed the petitioner’s release on bail with a bond of Rs 10,000 and two sureties, subject to Section 482(2) of the Bihar Negotiable Sale Act.
Issues considered
- Whether bail should be granted when the FIR is based solely on suspicion without physical verification of the alleged loss.
- Whether the No‑Objection Certificate issued by the cooperative bank negates the prosecution’s claim of financial loss and warrants bail.
- Whether the petitioner’s involvement in another criminal case precludes the grant of bail in the present matter.
Subjects
- bail
- criminal procedure
- FIR
- suspicion
- physical verification
- cooperative bank
- defalcation
- Section 316(3)
- Section 323
- Section 318
- Section 482
- Bihar Negotiable Sale Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10809 of 2026
Arising Out of PS. Case No.-295 Year-2025 Thana- ROH District- Nawada
======================================================
Kundal Kumar @ Kundan Kumar @ Kundal Kumar Prabhakar Son of Ashok
Kumar @ Ashok Singh Resident of Village- Rukhi, P.S.- Roh, District-
Nawada
... ... Petitioner/s
Versus
1. The State of Bihar
2. Cooperative Extension Officer, Koma Block, Roh, District- Nawada Bihar
3. Cooperative Bank, Koma, Nawada, District- Nawada Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Abhilasha Kumari, Adv.
For the Opposite Party/s : Mr. Navin Kr. Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-02-2026 Heard the parties.
2.The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Roh P.S. Case
No. 295 of 2025 registered for the offences punishable
under Sections 316(3), 323, 318 of BNS.
3. As per FIR, petitioner suspected to defalcate
total of 411.05 MT of paddy worth Rs. 95,56,912.0/- for
financial year 2024-35 in the capacity of chairman cum
manager of Koshi Rukhi PACs, Dist:- Nawada.
4. It is submitted by learned counsel appearing
Patna High Court CR. MISC. No.10809 of 2026(2) dt.24-02-2026
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on behalf of the petitioner that FIR itself suggests that
the present case was initiated against petitioner, who is
chairman cum manager of PACs, on the basis of suspicion
that total of 411.05 MT of paddy may be defalcate worth
of Rs. 95,56,912.0/-. It is submitted that admittedly the
FIR was lodged in hurry without any physical verification
which is apparent from the face of FIR itself. In this
context, it is further submitted that office of Nawada
Central Cooperative Bank Limited, Nawada issued a NOC
in favor of petitioner that there is no dues against him
vide its letter dated 14.11.2024. While concluding
arguments, it is submitted that petitioner found involved
in one more criminal case where he is on bail.
5 Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact as FIR, in issue, prima-facie raised on
the basis of suspicion without physical verification of
godown, in issue, coupled with the fact that authority
concerned issues NOC letter in favor of petitioner,
Patna High Court CR. MISC. No.10809 of 2026(2) dt.24-02-2026
3/3
accordingly petitioner above-named, in the event of his
arrest or surrender before the court below within a period
of four weeks, is directed to be released on bail,
furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to
the satisfaction of the learned CJM, Nawada /concerned
Court, where the case is pending in connection with Roh
P.S. Case No. 295 of 2025, subject to the conditions as
laid down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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