Patna High Court
Ashok KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that the petitioner, being only a suspected conspirator and not named in the FIR, is entitled to anticipatory bail subject to the usual conditions.
Summary
Ashok Kumar, the Chairman of a Primary Agricultural Credit Society (PACS), was not named in an FIR filed under Sections 409 read with 34 of the Indian Penal Code concerning the alleged disappearance of 16,768.50 quintals of custom milled rice from a State Food Corporation godown. He sought anticipatory bail, arguing that the substantive allegations were directed solely at two co‑accused, Ranjit Kumar and Abhay Kumar, and that similarly situated co‑accused had already been granted anticipatory bail. The State Food Corporation opposed the bail, contending that the petitioner was involved in a conspiracy, though he was not named in the FIR. The Court examined the case diary entries and noted that the thrust of the prosecution’s case lay against the named co‑accused who controlled the godown. Finding only a suspicion of conspiracy against the petitioner, the Court directed that he be released on bail if arrested or surrendered, subject to a bond and sureties under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether a person not named in the FIR but alleged to be part of a conspiracy is entitled to anticipatory bail.
- Whether the principle of judicial parity with similarly situated co‑accused warrants granting bail to the petitioner.
- Whether the allegations against the petitioner are sufficient to deny bail under Sections 438 and 482 of the CrPC/BNSS.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 34, 409
Subjects
- anticipatory bail
- FIR
- conspiracy
- IPC 409
- food corporation
- missing rice
- bail
- CrPC 438
- BNSS 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29044 of 2024
Arising Out of PS. Case No.-279 Year-2017 Thana- LAHERIMUHALLA District- Nalanda
======================================================
Ashok Kumar, (PACS Chairman, Dumrawan), S/o Shri Ramchandra Prasad,
R/o Village-Llalbagh, P.S.-Deepnagar, District -Nalanda
... ... Petitioner/s
Versus
1. The State of Bihar
2. The District Manager, Bihar State Food Corporation Ltd. Nalanda at
Biharsharif Bihar
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner : Mr. Raj Kishor Prasad, Advocate
For the State : Mr. Ajit Kumar, Advocate
For the SFC : Mr. Shailendra Kumar Singh, Advocate
Mr. Utkarsh Utpal, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
19 29-01-2026 Heard learned counsel appearing for the
petitioner and learned Additional Public Prosecutor
for the State duly assisted by learned counsel
appearing for State Food Corporation (in short ‘SFC’).
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
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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 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,
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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
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
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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
suspicion qua conspiracy being a PACS Chairman
nothing survives against this petitioner. It is
submitted that the petitioner claimed clean
antecedent.
8. Mr. Shailendra Kumar Singh, 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
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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
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.)
Sanjeet/-
U T
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