Ranjeet PrasadversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17843 of 2026
                  Arising Out of PS. Case No.-279 Year-2017 Thana- LAHERIMUHALLA District- Nalanda
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                 Ranjeet Prasad S/o Raghunandan Prasad (Chairman Pachaura PACS) R/o
                 Village - Khaira, P.S - Harnaut, District - Nalanda

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar Bihar
           2.    The Bihar State Food Corporation, Biharsharif, Nalanda Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :      Mr. Raj Kishor Prasad, Adv
                 For the Opposite Party/s :      Mr. Navin Kr. Pandey, APP
                 For the BSFC             :      Ms. Anukriti Jaipuriyar, Adv
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   03-04-2026                    Heard the parties.

                                2. The accused/petitioner is not named in the FIR

                   and apprehending his arrest in connection with Laheri P.S.

                   Case No.279 of 2017 lodged for the offences punishable under

                   Sections 409 read with 34 of the Indian Penal Code.

                                3. As per FIR, which instituted on behalf of D.M.,

                   Bihar Sharif in terms of Letter No.4076 dated 28.06.2017 that

                   while he inspected the State Food Corporation’s Godown,

                   Nalanda upon verification, found that only 59279.50 quintal

                   Custom Milled Rice (in short ‘C.M.R.’) was found instead of

                   76203.71 quintals of rice and as such, 16768.50 quintal of

                   rice was found missing. Standard of rice was also alleged to be
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          found of compromised quality. The D.M. Bihar Sharif has

          directed to lodge the FIR against Ranjit Kumar, Godown

          Superintendent-cum-A.G.M. and Abhay Kumar, Contractual

          Executive Assistant.

                       4.    Learned counsel appearing for the petitioner

          submitted that the petitioner is innocent and has falsely been

          implicated in this case. It is submitted that the thrust of

          allegation is exclusively available against co-accused Ranjit

          Kumar and Abhay Kumar without expressing even suspicion

          qua any other unknown co-accused persons.

                       5. Arguing further, it is submitted that named

          accused person Abhay Kumar has already granted anticipatory

          bail by one of the learned co-ordinate Bench of this Court

          through Cr. Misc. No.44788 of 2017 vide order dated

          03.11.2017 against whom the specific allegation was raised

          through FIR. However, similarly situated co-accused, who was

          not named with present FIR, namely, Ranbir Kumar Sinha, who

          was     Chairman       of    PACS       Ranabigha    was   also   granted

          anticipatory bail by one of the learned co-ordinate Bench of

          this Court through Cr. Misc. No.45468 of 2023 dated

          03.04.2024. It is pointed out that both these orders were not
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          challenged by SFC before Hon’ble Supreme Court and,

          therefore, as a matter of judicial parity, this petitioner also

          deserves anticipatory bail, as he is also facing the similar

          allegation.

                       6.    Arguing further, it is submitted that one of the

          similarly situated co-accused namely, Dinesh Kumar has

          preferred quashing petition before this Court through Cr. Misc.

          No.10632 of 2025, which was allowed and the FIR qua co-

          accused Dinesh Kumar was quashed by this Court on the

          ground of prolonged investigation, as still this matter is at the

          stage of investigation, despite of the fact that the FIR in issue

          was lodged in the year 2017.

                       7.   It is further submitted by learned counsel that in

          order to save the real culprit, on imaginary ground, the PACS

          Chairman and its office bearers were implicated with this case,

          having otherwise remote connections with the affairs of the

          State Food Corporation’s godown as same was not under the

          control of petitioner. It is submitted that all such facts was

          clarified during investigation and in this connection he drawn

          attention of this Court towards paragraph 286 and 288 of the

          case diary. It is thus finally submitted that save and except
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          suspicion qua conspiracy being a PACS Chairman nothing

          survives against this petitioner. It is submitted that the

          petitioner claimed clean antecedent.

                       8.     Learned counsel appearing for the SFC while

          opposing the prayer of bail drawn attention of this Court

          towards paragraph Nos. 60 of case diary along with para 185

          and 186, which suggest that the petitioner was also involved in

          conspiracy but, fairly conceded that he was not named in FIR

          and also could not disputed that the similarly situated co-

          accused persons were granted anticipatory bail by learned co-

          ordinate Bench of this Court including named co-accused

          person.

                       9. In view of aforesaid factual submission and by

          taking note of fact as the thrust of allegation is available

          against two named co-accused persons, as discussed aforesaid,

          who were in controlling affairs of the State Food Corporation’s

          godown, Nalanda, coupled with the fact that the implication of

          this petitioner prima facie raised on the basis of suspicion

          being conspirators, accordingly, the petitioner, above-named, is

          directed to be released on bail, in the event of his arrest or

          surrender in the court below within a period of four weeks, on
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                        furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

                        with two sureties of the like amount each to the satisfaction of

                        the learned Chief Judicial Magistrate, Nalanda at Bihar Sharif

                        in connection with Laheri P.S. Case No.279 of 2017, subject to

                        the conditions as laid down under Section 438(2) of the Code

                        of Criminal Procedure (in short ‘CrPC’)/under Section 482(2) of

                        the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short ‘BNSS’).


                                                                (Chandra Shekhar Jha, J)
Sudha/-

U         T