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Patna High Court

Rajiv KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, holding that the circumstances did not warrant continued detention.

Summary

The petitioner, Rajiv Kumar, a manager of Mathai PACS, was implicated in a case alleging failure to supply 320 quintals of CMR paddy worth Rs. 10,84,147.50, purportedly resulting in misappropriation of public funds. The prosecution alleged that Kumar and co‑accused Manoranjan Kumar defalcated the amount, while the petitioner claimed innocence, citing a No Dues Certificate from Bihar State Cooperative Bank confirming full payment. The petitioner, who has a clean antecedent, sought bail, arguing that the amount had already been deposited and there was no loss to the exchequer. The court, after considering the certificate, the petitioner’s clean record, and the absence of any loss, exercised its inherent powers under Section 482(2) of the Bharatiya Nyaya Sanhita to grant bail with a bond of Rs. 10,000 and two sureties, subject to conditions. The order also directed verification of the No Dues Certificate by the opposite parties within three weeks.

Issues considered

  • Whether bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita in view of the alleged misappropriation of CMR paddy.
  • Whether the No Dues Certificate and the absence of loss to the exchequer justify the grant of bail.

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • misappropriation
  • CMR paddy
  • Section 316
  • Section 482
  • BNSS
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28377 of 2026
                   Arising Out of PS. Case No.-916 Year-2025 Thana- MADHEPURA District- Madhepura
                 ======================================================
                 Rajiv Kumar S/o Pankaj Kumar R/o vill - Pithai, P.s.- Madhepura, Distt.-
                 Madhepura.

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    The Bihar State Food Corporation Bihar
           3.    Jay Shankar Prasad S/o Late Kripa Shankar Prasad R/o vill - Ambedkar
                 Road, ward no. 19, P.S.- Nawgachhiya, Dist.- Bhagalpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Akash Anand, Advocate
                 For the Opposite Party/s :      Mr. Parmeshwar Mehta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   04-05-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                02. In the present case, the petitioner is apprehending

                   his arrest in connection with Madhepura P.S. Case No. 916 of

                   2025 registered for the alleged offence under Sections 316(5)

                   r/w 3(5) of Bharatiya Nyaya Sanhita, 2023.

                                03. As per prosecution case, allegation against the

                   petitioner is that while working as Manager of Mathai PACS

                   Madhepura, he and co-accused Manoranjan Kumar did not

                   supply 320 quintals of CMR worth Rs. 10,84,147.50/- in the

                   financial year 2024-25 and defalcated the said amount.

                                04. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.28377 of 2026(2) dt.04-05-2026
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          petitioner is innocent and has been falsely implicated in this

          case. The FIR was registered on 10.09.2025 and thereafter, the

          equivalent amount was deposited by the accused persons in

          Bihar State Cooperative Bank Limited, Madhepura Branch on

          22.10.2025 and a no dues certificate has been issued by the

          Branch Manager of the said bank who certified that there was

          no outstanding against the paddy procurement for financial year

          2024-25 in the name of Mathai PACS, Madhepura. It shows

          there    was      no    misappropriation.            The   main   co-accused

          Manoranjan Kumar has been granted anticipatory bail vide

          order dated 04.02.2026 by the learned Co-ordinate Bench

          passed in Criminal Misc. No. 7387 of 2026. Learned counsel

          further submits that the petitioner is having clean antecedent.

                       05. Learned APP for the State opposes the submission

          made on behalf of the petitioner. Learned APP submits that it is

          a case of misappropriation of CMR for huge amount of public

          money as the petitioner and co-accused indulged in black

          marketing of the paddy given to them for procurement year

          2024-25.

                       06. Having regard to the facts and circumstances and

          submission made on behalf of the parties and considering the

          clean antecedent of the petitioner, the certificate issued by the
Patna High Court CR. MISC. No.28377 of 2026(2) dt.04-05-2026
                                            3/4




          Bank showing no dues against the PACS of the petitioner and

          also considering no loss to exchequer of the Government, let the

          petitioner above named, in the event of his arrest or surrender

          before the court concerned within a period of eight weeks from

          today, be released on bail, on furnishing bail bond of Rs.

          10,000/- (Rupees Ten Thousand Only) with two sureties of the

          like amount each to the satisfaction of learned Chief Judicial

          Magistrate, Madhepura/court concerned in connection with

          Madhepura P.S. Case No. 916 of 2025, subject to the condition

          laid down under Section 482(2) of BNSS and other following

          conditions:

                             (i) One of the bailors will be a close relative of

                             the petitioner.

                             (ii) The petitioner will remain present on each

                             and every date fixed by the court below, if so

                             required by the learned trial court.

                       07. Before accepting the bail bond of the petitioner,

          the court concerned will satisfy itself about the veracity of

          Annexure-P/2, the ‘No Dues Certificate’, annexed by the

          petitioner. At the same time, opposite party no. 2/opposite party

          no. 3 are directed to check the genuineness of the document, i.e.,

          Annexure-P/2 and apprise the court concerned, within three
           Patna High Court CR. MISC. No.28377 of 2026(2) dt.04-05-2026
                                                       4/4




                     weeks.

                                  08. Let a copy of this order be communicated to

                     opposite party no. 2/opposite party no. 3 forthwith.



                                                       (Arun Kumar Jha, J)
Ashish/-

U      T


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