Patna High Court
Bandi Shankar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Bandi Shankar Kumar, owner of M/s Sai Enterprises, was implicated in a case alleging misappropriation of CMR rice under IPC sections 406, 409, 420, 120B and Section 7 of the Essential Commodities Act. The prosecution alleged that the rice mill failed to supply the required CMR quantity, resulting in a loss of Rs.14,58,778. The petitioner claimed innocence, citing clean antecedents and that a co‑accused, Neeraj Kumar, had already been granted anticipatory bail and had deposited a bank guarantee for the entire alleged loss. The State opposed the petition for anticipatory bail. Considering the co‑accused’s guarantee, the petitioner’s clean record, and the nature of the allegations, the Court allowed the petition for anticipatory bail, directing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite allegations under IPC and the Essential Commodities Act.
- Whether the bank guarantee furnished by the co‑accused and the petitioner’s clean antecedents justify granting anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Essential Commodities Act — s. 7
- Indian Penal Code — s. 120B, 406, 409, 420
Subjects
- anticipatory bail
- misappropriation of CMR
- Essential Commodities Act
- IPC offences
- bank guarantee
- clean antecedents
- Section 482(2) of CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13099 of 2026
Arising Out of PS. Case No.-436 Year-2017 Thana- LAKHISARAI District- Lakhisarai
======================================================
Bandi Shankar Kumar Son of Sri Ranjan Kumar Resident Of Village-
Jagdishpur, Po- singh Chak, Ps- Chanan, Dist- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Shashi Bhushan Kumar, Advocate
For the State : Mr. Parmeshwar Mehta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 24-03-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 406, 409,
420 and 120B of the Indian Penal Code and Section 7 of the
Essential Commodities Act.
3. As per prosecution case, it is alleged that in the
Agriculture year 2015-16, Rampur PACS from 21 farmers had
purchased 1430 quintal of paddy which was sent to M/s Sai
Enterprises, Vidyapith Chowk, Lakhisarai and without taking
any CMR, full paddy was supplied. The said rice mill was
required to provide 958.10 quintal CMR against 1430 quintal of
paddy but has supplied only 277 quintal to the State Food
Patna High Court CR. MISC. No.13099 of 2026(3) dt.24-03-2026
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Corporation, Lakhisarai. Thus, the rice mill has not supplied
681.10 quintal of remaining CMR and has misappropriated the
same and thus defalcated CMR amounting to Rs. 14,58,778.00
(Fourteen lacs fifty eight thousand seven hundred seventy
eight). Petitioner is owner of the rice mill on the basis of said
written complaint FIR was instituted in which petitioner has
been made accused.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner has falsely been implicated in
this case merely because he happens to be one of the owner of
M/s Sai Enterprises Didyapith Chowk. Similarly situated co-
accused person, namely Niraj Kumar, who is also one of the
owner of the rice mill, has already been granted the privilege of
anticipatory bail by a Co-ordinate Bench of this Hon’ble Court
vide order dated 18.09.2018 passed in Cr. Misc. No. 56305 of
2018 and in compliance of the said order, co-accused Neeraj
Kumar has already deposited a bank guarantee of the entire
alleged defalcated amount amounting to Rs. 14,58,772/-, copy
of which is Annexure-P/3 to this bail petition. Petitioner claims
clean antecedents.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.13099 of 2026(3) dt.24-03-2026
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opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, nature of accusation, fact that bank guarantee of the entire
alleged defalcated amount has already been given by co-accused
Niraj Kumar and clean antecedents of the petitioner, the prayer
for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned S.D.J.M., Lakhisarai in
connection with Lakhisarai P.S. Case No. 436 of 2017, subject
to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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