Patna High Court
Rita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to a bail bond, sureties and specific conditions.
Summary
Rita Devi, Chairman of a Kharat Pax cooperative, faced arrest in a case alleging misappropriation of 2,381 quintals of paddy worth Rs. 52,57,248, registered under Sections 316(2), 316(5), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. She applied for anticipatory bail, offering to deposit 50% of the alleged amount immediately and the balance in three installments within six months, without admitting guilt. The State’s Additional Public Prosecutor indicated willingness to consider the offer if the amount is paid. The High Court, noting her lack of criminal antecedents and her undertaking to pay, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, including appearance before the trial court and non‑tampering with witnesses.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite allegations of large-scale misappropriation.
- Whether the petitioner’s undertaking to pay the alleged amount, without admission of guilt, suffices for bail under Section 438 CrPC and Section 482 B.N.S.
- What conditions may be imposed on anticipatory bail in such a financial liability case.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 316(5), 318(4), 3(5)
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- misappropriation
- cooperative society
- paddy stock
- Bharatiya Nyaya Sanhita
- Section 438 CrPC
- Section 482 B.N.S.
- bail conditions
- financial liability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11767 of 2026
Arising Out of PS. Case No.-384 Year-2024 Thana- NAWADA MUFFASIL District- Nawada
======================================================
Rita Devi wife of Satyendra Kumar Resident of Village - Pakariya, P.S.-
Mufassil, District- Nawada.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Man Mohan Kumar, Adv.
For the Opposite Party/s : Mr.Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 01-04-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending her arrest in
connection with Nawada Muffasil P.S. Case No. 384 of 2024,
F.I.R dated 01.10.2024 registered for the offences punishable
under Sections 316(2), 316(5), 318(4), 3(5) of the Bharatiya
Nyaya Sanhita, 2023.
3. According to prosecution case, the informant
submitted an application before the S.H.O., Mufassil Police
Station, alleging irregularities in Kharat PAX. It is alleged that
Chairman, Rita Devi and Manager, Satyendra Kumar showed
purchase of 5342 quintals of paddy and supply of 3668.09
quintals of CMR, but 1638.9 quintals remained due. During
inspection and subsequent physical verification, 2381 quintals
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of paddy were found missing from the go-down, despite records
showing full purchase. The missing stock, valued at Rs.
52,57,248/-, is alleged to have been misappropriated by the
Chairman, Manager, and other executive members, leading to
registration of the case against them.
4. Counsel for the petitioner submit that petitioner was
Kharat Pax Chairman against whom the allegations of the
defalcation to the tune of Rs. 52,57,248/- is made. Counsel for
the petitioner on instruction submits that the petitioner is ready
to deposit 50% of the quantified amount to the tune of
Rs.52,57,248/- at the time of furnishing bail bond, rest amount
shall be paid by this petitioner within a further period of six
months in three installments, without accepting the guilt, as per
the date fixed by the District Court. It is made clear that before
furnishing the bail bond, the petitioner would approach the
District Co-operative Officer and District Supply Officer,
Nawada for depositing the amount in question, on such deposit
the receipt shall be obtained and same shall be brought to the
notice of learned concerned court at the time of furnishing bail
bond and it is expected that for the rest amount, three equal
installments will be fixed by the learned District Court for
depositing the same and the date of deposit of installment shall
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also be communicated to the petitioner with appropriate
conditions so imposed and, in case of non-deposit, the
concerned Court would be at liberty to cancel the bail.
5. Learned APP for the State submits that if the
petitioner is ready to pay the amounts, then, the prayer may be
considered appropriately.
6. Considering the aforesaid facts and circumstances
and the fact that petitioner undertakes to pay the liability and
further, the petitioner has no criminal antecedent, 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 Additional Chief Judicial Magistrate
1st, Nawada in connection with Nawada Mufassil P.S. Case No.
384 of 2025, subject to the payment of the amounts as indicated
in above in paragraph-4 and as also the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure /
Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita along
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with these following conditions:-
(i) one of the bailors should be the family
member/relative of the petitioner(s) who shall provide official
document 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.
(Ajit Kumar, J)
abhishekkr/-
U T
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