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Patna High Court

Bandi Shankar KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                         3/3




                       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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