Patna High Court
Rajiv KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 316(5), 3(5), 482(2)
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
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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
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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/-
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