Patna High Court
Amarendra Kumar SrivastavaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to strict conditions.
Summary
Amarendra Kumar Srivastava, District Manager of the Bihar State Food and Civil Supplies Corporation, applied for anticipatory bail in connection with Complaint Case No.262 of 2024 alleging multiple IPC offences including criminal conspiracy, extortion and assault. The prosecution alleged that Srivastava misappropriated wheat and rice, forced false entries in godown records, threatened the complainant Harishankar Singh and committed other violent acts. Srivastava contended that the complaint was filed vexiously after he had earlier lodged an FIR (Case No.191 of 2023) against Singh, who was subsequently convicted and sentenced. The court noted the complainant's prior conviction, Srivastava's clean antecedent, and the possibility of abuse of process, and therefore inclined to grant anticipatory bail. The bail was ordered subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, including surety, appearance before the trial court, and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious nature of the alleged offences
- Whether the complaint is vengeful and an abuse of process given the prior conviction of the complainant
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 120, 294, 323, 341, 409, 413, 414, 420, 467, 468, 469, 471, 504, 506
Subjects
- anticipatory bail
- Criminal Procedure Code
- Bhartiya Nagarik Suraksha Sanhita
- Indian Penal Code
- abuse of process
- misappropriation
- false entries
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12487 of 2026
Arising Out of PS. Case No.-262 Year-2024 Thana- COMPLAINT CASE-ARWAL District-
Arwal
======================================================
Amarendra Kumar Srivastava S/o- Late Sumant Lal R/v- Sohani Patti Ps-
Buxar Dist- Buxar
... ... Petitioner/s
Versus
1. The State of Bihar
2. Harishankar Singh S/o- Late Yamuna Singh R/v- Po- Khanani Kala Po-
Agiaon Bazar Piro Dist- Bhojpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Mayuri, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 26-02-2026 Heard the learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Complaint Case No.262 of 2024, dated
05.09.2024 registered for the offences punishable under
Sections 120(B), 294, 323, 341, 409, 413, 414, 420, 467, 468,
469, 471, 504 and 506/34 of the Indian Penal Code.
3. According to prosecution case, in brief, is that the
complainant, Harishankar Singh, a retired Assistant Godown
Manager, Arwal, alleges that between 03.03.2023 and
28.03.2023 the petitioner misappropriated wheat and rice from
the godown. It is further alleged that the petitioner pressured
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him to make false entries in the records and, upon refusal,
forcibly took him in a car, threatened him, snatched the register,
and made incorrect entries himself. The petitioner is also
accused of abusing and threatening the complainant. A written
complaint was submitted at Arwal P.S. on 05.09.2024 but was
not registered, leading to the filing of the present complaint
before the learned CJM, Arwal.
4. Learned counsel for the petitioner submits that the
petitioner being the District Manager, Bihar State Food and Civil
Supplies Corporation Ltd. Arwal, has lodged a complaint against
the complainant of the instant case, in which the petitioner is
seeking privilege of anticipatory bail. It is the case of this
petitioner that after registration of F.I.R. being Arwal Case No.191
of 2023 dated 11.04.2023 under Sections 409, 420 and 120(b), the
petitioner was put on trial and after conclusion of the Trial, the
present complainant was convicted and a fine of Rs.10,000/- and
imprisonment for seven years was recorded and it is the case of
this petitioner that being aggrieved to such action of this petitioner
to have registered the case against the complainant, the complaint
in question was registered after registration of the F.I.R by this
petitioner with vexatious and ulterior reasons. Lastly, it has been
submitted that the petitioner has clean
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antecedent and only to harass the petitioner because of the
inspection carried out by the petitioner, the instant complaint
case is said to have been lodged.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts and circumstances
that the complainant has already been found guilty for the
similar offences, which is said to have been initiated by this
petitioner by filing the aforesaid F.I.R. and the petitioner has
clean 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 C.J.M., Arwal, in connection with
Complaint Case No.262 of 2024, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita and with other following conditions:-
(i) one of the bailors should be the family
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member/relative/known of the petitioner(s) who shall provide
official document/personal affidavit 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)
sharun/-
U T
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