Hemant Jha @ Hemant Kumar JhaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18006 of 2026
                   Arising Out of PS. Case No.-147 Year-2022 Thana- KUSHESHWARASTHAN District-
                                                        Darbhanga
                 ======================================================
                 Hemant Jha @ Hemant Kumar Jha Son of Phul Jha Resident of Village -
                 Baghrasi, P.S.- Jamalpur, District - Darbhanga.

                                                                              ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    The District Manager, State Food Corporation, Darbhanga. Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Avinash Kumar Singh, Advocate
                 For the Opposite Party/s :     Mr.Pramod Kumar Pandey, APP
                 For the BSFC             :     Mr. Shailendra Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-04-2026                     Heard Mr.Avinash Kumar Singh, learned counsel

                   appearing for the petitioner,         Mr. Shailendra Kumar Singh,

                   learned counsel for the BSFC and Mr.Pramod Kumar Pandey,

                   learned Additional Public Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Kusheshwar Asthan P.S.Case No.147 of

                   2022,FIR dated 27.04.2022 registered for the offences

                   punishable under Sections 406,409,420 of IPC.

                                3. As per FIR, petitioner is named in the FIR with

                   allegation to embezzlement of total price Rs. 6,23,43,279.00 as

                   11,713.84641 quintal wheat and net 9158.35079 quintal rice was

                   misappropriated from the TPDS, Godown, State Food
Patna High Court CR. MISC. No.18006 of 2026(2) dt.17-04-2026
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          Corporation Kusheshwar Asthan, Darbhanga.

                        4. Learned counsel for the petitioner submits that the

          petitioner has clean antecedent. He has falsely been implicated

          in the present case. The allegation as alleged in the FIR is false

          and fabricated and the petitioner has not committed any offence

          as alleged in the FIR. Initially, the petitioner was not named in

          the FIR. The name of the petitioner has been transpired during

          investigation. Learned counsel for the petitioner submits that

          from a bare perusal of the FIR it appears that the defalcation is

          alleged to have been committed between 2020-2022 and

          petitioner was posted in the said Godown in question only for

          seven months as Data Entry Operator. From a bare perusal of

          the FIR it appears that there is no allegation against the

          petitioner in the FIR and allegation of defalcation is against co-

          accused person, namely, Anshuman Rai and he has been granted

          privilege of anticipatory bail by this Court vide order dated

          09.10.2023 passed in Cr. Misc. No.50787 of 2022.

                        5. Learned counsel for the BSFC and learned A.P.P.

          for the State have vehemently opposed the prayer for bail of the

          petitioner.

                        6. Considering the aforesaid facts, petitioner has clean

          antecedent, there is no specific allegation against the petitioner
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          in the FIR and co-accused person has been granted privilege of

          anticipatory bail by this Court, let the petitioner, above named,

          in the event of his arrest or surrender before the court below

          within a period of thirty days from the date of receipt of the

          order, be released 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 S.D.J.M., Biraul at Darbhanga in

          connection with Kusheshwar Asthan P.S.Case No.147 of 2022,

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

          the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023

          and with other following conditions:-

                       (I) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on his/her absence on two consecutive dates without sufficient

          reason, his/her bail bond shall be cancelled by the Court below.

                       (II) If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       (III) And, further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage, it is found that the petitioner has concealed his/her
               Patna High Court CR. MISC. No.18006 of 2026(2) dt.17-04-2026
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                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner. However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T