Patna High Court
Munna SinghversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to petitioner 1 (Munna Singh) subject to a bond of Rs.10,000 and two sureties, under the conditions of Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
Munna Singh, Chairman of Kasiyan PACS, and his brother Rakesh Kumar Singh applied for bail in a case alleging embezzlement of 1,948.75 quintals of paddy worth Rs.45,30,843.75 under sections 316(2), 316(5), 318(4) and 3(5) of the B.N.S. The petitioners submitted a no‑dues certificate and a letter confirming full payment of the amount, and the informant admitted the deposit. Rakesh Kumar Singh was arrested during the pendency of the application and withdrew his request, leading to dismissal of his part of the application. The court, considering the payment, lack of criminal antecedent and the admission of the informant, granted bail to Munna Singh on a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. The application was dismissed as withdrawn for petitioner 2 and survived only for petitioner 1.
Issues considered
- Whether bail should be granted to Munna Singh despite allegations under sections 316, 316(5), 318(4) and 3(5) of the B.N.S.
- Whether the payment of the alleged embezzled amount and issuance of a no‑dues certificate negate the ground for bail denial.
Legislation cited
- B.N.S. — s. 316(2), 316(5), 318(4), 3(5)
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- embezzlement
- cooperative society
- no‑dues certificate
- Criminal Procedure Code
- B.N.S.
- sections 316
- sections 318
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13686 of 2026
Arising Out of PS. Case No.-204 Year-2025 Thana- DUMRAO District- Buxar
======================================================
1. Munna Singh Son of Kashinath Singh @ Kashi Nath Singh (Chairman
PACS Kasiya), R/O Village - Kasiya, P.S.- Dumraon, District - Buxar.
2. Rakesh Kumar Singh Son of Kashinath Singh @ Kashi Nath Singh
(Manager), R/O Village - Kasiya, P.S.- Dumraon, District - Buxar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey
For the Opposite Party/s : Mr. Parmeshwar Mehta
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 18-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. Learned counsel for the petitioners submits that
petitioner no. 2 has been arrested during pendency of this
application and seeks permission to withdraw this application
with respect to petitioner no. 2.
3. Permission is accorded.
4. Accordingly, this application stands dismissed as
withdrawn as having become infructuous with respect to
petitioner no. 2.
5. The application survives only against petitioner no.
1.
6. Petitioner no. 1 is apprehending his arrest in
connection with Dumraon P.S. Case No. 204 of 2025 in a case
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registered for the offence punishable under Sections 316(2),
316(5), 318(4), 3(5) of the BNS.
7. The allegation against the petitioners is that they
embezzled 1948.75 quintals of crop worth Rs. 45,30,843.75/-.
8. Learned counsel for the petitioners submits that the
petitioner no. 1 happens to be the Chairman of Kasiyan PACS
and the allegation of embezzlement of paddy against him, is not
correct. It has also been pointed out that as a matter of fact, the
entire due amount has already been paid which would be
evident from the letter dated 19.01.2026 issued from the office
of the Senior Cooperative Extension Officer, Dumraon stating
therein that the entire amount has been paid and the no-dues
certificate has been issued. The attention of this Court has also
been invited to the bail rejection order itself wherein it has been
stated that the informant, Amit Kumar who was the Senior
Block Cooperative Extension Officer had appeared in person
before the concerned Court and had admitted the fact that the
petitioner has already deposited the due amount in the
Cooperative Bank. Further, the petitioner does not have any
criminal antecedent.
9. Taking into consideration the facts and
circumstances and also considering the fact that the payment of
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the entire amount has already been made with issuance of no-
dues certificate, let the above named petitioner no. 1, in the
event of his arrest or surrender before the learned Court below
within a period of four weeks from today, be enlarged on bail on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned court below where the case is pending/successor court
in connection with Dumraon P.S. Case No. 204 of 2025, subject
to the condition as laid down under Section 438 (2) of the
Cr.P.C./482(2) of the B.N.S.S.
(Soni Shrivastava, J)
priyanka/-
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