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Patna High Court

Jitendra Kumar Srivastav @ Jitendra Kumar ShrivastavaversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted bail to the petitioner on condition of a Rs.10,000 bond with two sureties.

Summary

Jitendra Kumar Srivastav was arrested in connection with a case alleging embezzlement of Rs. 9,10,998 by supplying ITC and HUL articles to shopkeepers without depositing the proceeds. The prosecution alleged that he obtained a duplicate warehouse key and participated in theft and non‑payment of the amount due. The petitioner contended that he is a salesman who merely delivered goods, that the FIR is contradictory, and that there is no malafide intent, seeking bail after being in judicial custody since 25‑Nov‑2025. The State opposed bail. After hearing both sides, the Patna High Court found the circumstances sufficient to grant bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties. The order was pronounced by Justice Ashok Kumar Pandey.

Issues considered

  • Whether bail should be granted to the petitioner accused under Sections 318(4), 316(2), 316(5) and 3(5) of the B.N.S. in a fraud/embezzlement case.

Legislation cited

  • B.N.S. — s. 316(2), 316(5), 318(4), 3(5)

Subjects

  • bail
  • economic offence
  • fraud
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16445 of 2026
                     Arising Out of PS. Case No.-674 Year-2025 Thana- GOPALGANJ TOWN District-
                                                       Gopalganj
                 ======================================================
                 Jitendra Kumar Srivastav @ Jitendra Kumar Shrivastava, Son of Ramnath
                 Prasad, Resident of Village - Dhatiwna, P.S. - Thawe, District – Gopalganj.


                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Prasoon Shekhar, Advocate
                 For the Opposite Party/s :      Mr.Rana Randhir Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   13-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Gopalganj Town P.S. Case No. 674 of 2025 registered for

                   the offence punishable under Sections 318(4), 316(2), 316(5)

                   and 3(5) of B.N.S.

                                3. The case of the prosecution, in short, is that the

                   petitioner has embezzled Rs. 9,10,998/-. He was a salesman and

                   it is alleged that he has supplied the articles of ITC and HUL to

                   the shopkeepers and has not deposited the sum with the

                   informant.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.16445 of 2026(2) dt.13-03-2026
                                            2/3




          committed no offence. He has been falsely implicated in this

          case. Learned counsel for the petitioner has submitted that from

          perusal of the F.I.R. it will transpire that in first part of the F.I.R.

          it is alleged that the duplicate key of the warehouse was

          obtained and theft was committed but in later part, it is alleged

          that the petitioner along with others has supplied the articles in

          market and has not deposited the sum. It has further been

          submitted that even the prosecution is not sure as to what kind

          of allegations they have putting. It has also been submitted that

          the fact is that the petitioner is a salesman and he has given the

          articles to the shopkeepers but as the shopkeepers have not paid

          the amount, this discrepancy has arrived. It has also been

          submitted that there is no malafide on the part of the petitioner.

          He is languishing in judicial custody since 25.11.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the application for bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this Court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be enlarged on bail on furnishing bail

          bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

          of the like amount each to the satisfaction of the learned C.J.M.,
             Patna High Court CR. MISC. No.16445 of 2026(2) dt.13-03-2026
                                                         3/3




                       Gopalganj in connection with Gopalganj Town P.S. Case No.

                       674 of 2025.


                                                          (Ashok Kumar Pandey, J)

lata/-
U        T


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