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Patna High Court

Ashok KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.29044 of 2024(19) dt.29-01-2026
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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,
Patna High Court CR. MISC. No.29044 of 2024(19) dt.29-01-2026
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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
Patna High Court CR. MISC. No.29044 of 2024(19) dt.29-01-2026
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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
           Patna High Court CR. MISC. No.29044 of 2024(19) dt.29-01-2026
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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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