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Patna High Court

Lagan BindversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioner.

Summary

Lagan Bind was arrested in connection with an alleged embezzlement of Rs.1,54,25,794 from the Pinjari PACS, charged under Sections 316(5), 318(4) and 3(5) of the Bihar Non‑Commercial Societies Act. The petitioner sought regular bail, arguing that the FIR listed eleven accused and that no specific allegation was made against him, he had no criminal antecedent, and a co‑accused had already been granted bail. The State opposed the bail application. The court, after considering the nature of the allegations, the petitioner’s custody since 23‑12‑2025, and the precedent of bail to a similarly situated accused, granted bail on a bond of Rs.10,000 with two sureties. The bail order was directed to be satisfied to the learned SDJM of Sheikhpura.

Issues considered

  • Whether regular bail should be granted to the petitioner in an embezzlement case under the Bihar Non‑Commercial Societies Act despite the seriousness of the alleged offence.

Subjects

  • bail
  • embezzlement
  • Bihar Non‑Commercial Societies Act
  • criminal procedure
  • surety
  • regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11591 of 2026
                    Arising Out of PS. Case No.-167 Year-2025 Thana- BARBIGHA District- Sheikhpura
                 ======================================================
                 Lagan Bind S/o Late Bhasho Bind R/o Village- Pinjari, P.S- Barbigha, Dist-
                 Sheikhpura, Bihar.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Kumari Anupam
                 For the Opposite Party/s :       Mr.Dr. Ajeet Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   18-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Learned counsel for the petitioner sought

                   permission to make some necessary correction in the

                   satisfaction portion of this bail petition in course of the day.

                                3. Permission is accorded.

                                4. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 316(5),

                   318(4) and 3(5) of the BNS.

                                5. The case of the prosecution in short is that the

                   official members of Pinjari PACS have been accused of

                   embezzling government fund on a large scale and upon

                   inspection, it was found that they have embezzled altogether

                   Rs.1,54,25,794/- of the government fund.
Patna High Court CR. MISC. No.11591 of 2026(2) dt.18-02-2026
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                       6. Learned counsel for the petitioner has submitted

          that from perusal of the FIR itself, it is clear that there are 11

          accused persons. It has further been submitted that the name of

          this petitioner finds place on 2nd Number. It has further been

          submitted that the nature of allegation is general and omnibus

          and there is no specific allegation against this petitioner as to

          what have been embezzled by him. It has further been submitted

          the President of PACS Committee has given undertaking in Cr.

          Misc. No. 81995 of 2025 that she will deposit the entire amount.

          A statement has been made in para-3 of this petition that the

          petitioner has got no criminal antecedent. Moreover, he is

          languishing in judicial custody since 23.12.2025. Learned

          counsel has also submitted that similarly situated other co-

          accused person has already been granted bail by this court vide

          Cr. Misc. No. 86518 of 2025.

                       7. Learned Additional Public Prosecutor for the State

          has vehemently opposed the prayer of bail to the petitioner.

                       8. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be released on bail in connection with

          Barbigha P.S. Case No. 167 of 2025 on furnishing bail bond of
             Patna High Court CR. MISC. No.11591 of 2026(2) dt.18-02-2026
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                       Rs.10,000/- (Ten Thousand) with two sureties of the like amount

                       each to the satisfaction of learned S.D.J.M., Sheikhpura.



                                              (Ashok Kumar Pandey, J)
lata/-

U        T


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