Patna High Court
Dinesh PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail is granted to the petitioner subject to a Rs.10,000 bond, two sureties, and the deposit of the alleged wheat and rice with the Block Supply Inspector, in accordance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Dinesh Prasad, was accused of embezzling 34.44 quintals of wheat and 75.09 quintals of rice, offences alleged under Sections 318(4) and 316(5) of the Bharatiya Nyaya Sanhita and Section 7 of the Essential Commodities Act. Fearing arrest, he filed a bail application and submitted a supplementary affidavit stating his willingness to deposit the entire quantity of the alleged foodgrains with the Block Supply Inspector. The Court considered the nature of the offences, the petitioner’s readiness to restore the commodities, and the statutory provisions governing bail. It granted bail on the condition that the petitioner furnish a bail bond of Rs.10,000 with two sureties of equal amount, and deposit the entire alleged quantity of wheat and rice in the officer’s office, producing a receipt. The order was made subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether bail should be granted in a case of alleged embezzlement of essential foodgrains under the Bharatiya Nyaya Sanhita and Essential Commodities Act.
- Whether the condition of depositing the alleged quantity of foodgrains with the Block Supply Inspector is permissible as a bail condition.
- Whether the bail order must comply with the provisions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 316(5), 318(4)
- Essential Commodities Act — s. 7
Subjects
- bail
- embezzlement
- essential commodities
- criminal procedure
- deposit of property
- Bharatiya Nyaya Sanhita
- Essential Commodities Act
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13770 of 2026
Arising Out of PS. Case No.-121 Year-2025 Thana- ARIYARI District- Sheikhpura
======================================================
Dinesh Prasad Son of Late Saryug Mahto Resident of Village- Hussainabad,
Ps- Ariyari, Dist- sheikhpura
... ... Petitioner/s
Versus
1. The State of Bihar
2. Block Supply Inspector-Cum- Block Supply Officer Ariyari, Sheikhpura
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dinkar Kumar, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 21-04-2026 Heard learned counsel for the petitioner and the State.
2. The petitioner apprehends arrest in a case registered
for the offences punishable under Sections 318(4), 316(5) of the
Bharatiya Nyaya Sanhita and Section 7 of the Essential
Commodities Act.
3. As per F.I.R., petitioner is alleged to have
embezzled 34.44 quintals of wheat and 75.09 quintals of rice.
4. By filing supplementary affidavit, it is submitted on
behalf of the petitioner that petitioner is ready to deposit the
alleged amount of foodgrains in the office of Block Supply
Inspector-cum-Block Supply Officer, Ariyari, Sheikhpura.
5. Considering the aforesaid submission made on
behalf of the petitioner, prayer for bail of the petitioner is
Patna High Court CR. MISC. No.13770 of 2026(3) dt.21-04-2026
2/2
allowed. In the event of arrest/surrender within eight weeks
from today, let this petitioner, mentioned above, 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 Additional Chief Judicial Magistrate II, Sheikhpura in
Ariyari P. S. Case No. 121 of 2025, subject to the conditions laid
down under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita as well as on following condition:-
(i) Petitioner shall deposit entire alleged amount of
foodgrains i.e., 34.44 quintals of wheat and 75.09 quintals of
rice in the office of Block Supply Inspector-cum-Block Supply
Officer, Ariyari, Sheikhpura and produce its receipt at the time
of furnishing bail bond.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…