Patna High Court
Jitendra Kumar Srivastav @ Jitendra Kumar ShrivastavaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
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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
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Gopalganj in connection with Gopalganj Town P.S. Case No.
674 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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