Patna High Court
Chandra Kant PandeyversusThe State Of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
Bail was granted to the petitioners subject to a bond, sureties and a strict payment undertaking.
Summary
The petitioners, who were Chairman and Manager of Ramgarh Primary Agricultural Credit Society (PACS), were implicated in a FIR under Sections 116(5) and 318(4) of the Bihar Nagrik Suraksha Sanhita for failing to supply the required quantity of Customed Milled Rice (CMR) to the State Food Corporation, resulting in a shortfall of Rs. 38,37,550. They argued that the non‑supply was a civil matter of price recovery, not a criminal offence, and offered to discharge the liability in six installments, having already deposited Rs. 7,00,000. The State and the cooperating bank opposed bail, alleging misappropriation of public funds. The Court, after considering the petitioners’ undertaking and the conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, ordered that bail be granted subject to a bond of Rs. 20,000 with two sureties and compliance with the payment schedule. Failure to honor the payment undertaking would result in cancellation of the bail bonds. The order effectively released the petitioners on bail pending further trial.
Issues considered
- Whether the alleged failure to supply CMR constitutes a bailable offence under Sections 116(5) and 318(4) of the Bihar Nagrik Suraksha Sanhita.
- Whether the petitioners’ undertaking to pay the outstanding amount and deposit bail bonds justifies the grant of bail under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- bail
- cooperative bank
- procurement scheme
- Customed Milled Rice
- financial default
- criminal procedure
- Section 116
- Section 318
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2741 of 2026
Arising Out of PS. Case No.-237 Year-2025 Thana- BHAGWANPUR District- Kaimur
(Bhabua)
======================================================
1. Chandra Kant Pandey S/O Late Satnarayan Pandey @ Satya Narain Pandey
Resident Of Village- Ramgarh, P.s.- Bhagwanpur, Dist.- Kaimur
2. Md. Gyasuddin @ Md. Gayasuddin S/O Md. Abbas @ Abbas Resident Of
Village- Ramgarh, P.s.- Bhagwanpur, Dist.- Kaimur
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Sasaram Bhabhua Central Cooperative Bank ltd, Sasaram through its
Managing Director Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Jha, Advocate
For the Informant : Mr. Bindhyachal Rai, Advocate
Mr. Chandan Kumar, Advocate
Mr. Shivam Narayan Pandey, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 04-02-2026 Heard the parties.
2. The petitioners apprehend their arrest in connection
with Bhagwanpur P.S. Case No. 237 of 2025, registered for the
offences punishable under Sections 116(5), 318(4) of the BNS.
3. Allegedly, for the procurement year 2024-2025, the
Ramgarh PACS purchased 5891 qt. paddy but till date the last
date of supply of CMR (Customed Milled Rice) total CMR
(Customed Milled Rice) have not been supplied to the State
Food Corporation. The petitioners, who were holding the post of
Chairman and Manager of Ramgarh PACS were the custodian of
Patna High Court CR. MISC. No.2741 of 2026(2) dt.04-02-2026
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the paddy and they have failed to supply the CMR equivalent to
1668.50 qt to the tune of Rs. 38,37,550/-. In the aforesaid
premise, the present FIR came to be instituted.
4. Learned Advocate for the petitioners submitted that
under the procurement scheme, the PACS has to purchase paddy
from the farmers for which cash-credit is granted by the
Cooperative Bank. For milling work, the District Task Force
selects the mill and the PACS is tagged with the selected mill.
The mill so tagged has to supply CMR to the SFC through the
PACS concerned and the PACS has to supply paddy to the
Miller equivalent to the CMR so supplied by the latter and
accordingly, SFC paid the price in the bank account of the
PACS. The non supply of CMR is not a criminal offence but, is
a matter of recovery of the price of the due CMR but only in
order to wreck vengeance to the petitioners, the present FIR is
came to be instituted. Despite the aforesaid facts, the petitioners
are ready to discharge the liability in installments. The bonafide
of the petitioners is also writ large, as they have also deposited
Rs. 7,00,000/- on different dates to the opposite party no. 2. It is
further contended that the petitioners are ready to deposit the
rest of the amount to the tune of Rs. 31,37,550/ within one year
in six installments.
Patna High Court CR. MISC. No.2741 of 2026(2) dt.04-02-2026
3/4
5. On the other hand, learned Advocate for the State as
well as the Bank vehemently opposed the bail application and
submitted that petitioners have duped the public money which
was meant for the farmers and as such does not deserve any
sympathy of the Court.
6. Having considered the submissions advanced by
the learned Advocates for the respective parties and taking note
of the undertaking given before this Court by the petitioners that
they are ready to deposit the rest of the due amount to the tune
of Rs.31,37,550/- in six installments within one year from the
date of receipt of this order, let the petitioners abovenamed be
released on bail, in the event of their arrest or surrender before
the court below within a period of four weeks from the date of
receipt/production of a copy of this order, upon furnishing bail
bonds of Rs.20,000/- (twenty five thousand) each with two
sureties of the like amount each to the satisfaction of the learned
CJM, Kaimur at Bhabua in connection with Bhagwanpur P.S.
Case No. 237 of 2025, subject to the conditions laid down in
Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023,
with the further conditions:
(i) Any defiance of the undertaking with respect to
deposition of the rest of the due amount to the tune of
Patna High Court CR. MISC. No.2741 of 2026(2) dt.04-02-2026
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Rs.31,37,550/- in six installments shall entail cancellation of the
bail bonds of the petitioners, and
(ii) that one of the bailors shall be the own/close
family members of the petitioners.
(Harish Kumar, J)
khushbu/-
U T
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