Patna High Court
Gorakh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner subject to a specified payment schedule and strict conditions.
Summary
Gorakh Kumar, the petitioner, sought anticipatory bail in connection with PS Daudnagar Case No. 584 of 2025, filed under Sections 316(5) and 3(5) of the Bharatiya Nyaya Sanhita for alleged misappropriation of wheat and a sum of Rs.1,49,27,802. The prosecution alleged that only a portion of the wheat supplied to the BSFC was delivered, leading to the FIR. The petitioner claimed he had already paid Rs.22,50,000 and was willing to pay the remaining amount, arguing that he had no criminal antecedent. The State opposed the bail, but the court, considering the petitioner’s willingness to pay and the circumstances, granted anticipatory bail subject to a detailed payment schedule and several conditions, including surety, cooperation with investigation, and non‑tampering with witnesses. Failure to comply would permit cancellation of the bail bond.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the Bharatiya Nyaya Sanhita for the alleged offences.
- Whether the petitioner’s willingness to pay the alleged misappropriated amount influences the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 316(5), 3(5)
Subjects
- anticipatory bail
- misappropriation
- Bharatiya Nyaya Sanhita
- criminal procedure
- bail conditions
- payment schedule
- wheat supply
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29573 of 2026
Arising Out of PS. Case No.-584 Year-2025 Thana- DAUDNAGAR District- Aurangabad
======================================================
Gorakh Kumar Son of Late Bhola Saw R/O Vill.- Patna Fatak, Afim Kothi,
P.S.- Daudnagar, District- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Ankita Kumari, Advocate
For the State : Mr. Parmeshwar Mehta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 06-05-2026 Heard Ms. Ankita Kumari, learned counsel for
the petitioner and learned APP representing the State.
2. The petitioner is apprehending his arrest in
connection with Daudnagar P.S. Case No. 584 of 2025
registered for the offence under Sections 316(5) and 3(5) of
Bharatiya Nyaya Sanhita, lodged on 09.09.2025 by the
informant, Shubhash Ram.
3. As per the prosecution story, the informant alleged
that out of purchased wheat (14544.27 Quintals), 9744.66
Quintals was to be supplied to the BSFC, Aurangabad but till
10.08.2025, only 5510 Quintals was supplied and thus the
Manager and the Chairman have misappropriated
Rs.1,49,27,802/-. This led to the F.I.R.
4. Learned counsel for the petitioner submits that
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even waiting for their response and or asking them to clarify, the
F.I.R. The fact remains that they have already paid
Rs.22,50,000/- and further are ready to pay back the entire
amount though sometime be given so that the entire amount is
paid.
5. Learned APP opposes the prayer submitting that
when the petitioner is ready to pay the entire amount and in
continuation has already paid Rs.22,50,000/-, do not have
criminal antecedent, relief can be extended.
6. Taking into account the submissions of the parties
as also that the petitioner is ready to pay the amount, the
allegation is there, he will be facing the music, in that
background, this Court is inclined to extend him the privilege of
anticipatory bail subject to payment of the rest over amount of
the Rs.1,26,77,802/- in the following manner:
“(i) Rs.26,77,802/- at the time of
execution of bail bond;
(ii) Rs. 25,00,000/- to be paid in four
installment (Total Rs.1,26,77,802/-) by 15th
June, 2026, 15th July, 2026, 14th August, 2026
and 15th September, 2026.
(iii) failure to pay the amount as
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undertaken, the State shall be free to take steps
for cancellation of bail bond.”
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned District & Additional Sessions Judge, 5 th
Aurangabad, in connection with Daudnagar P.S. Case No. 584
of 2025 subject to the following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his/her
bail bond by the Trial Court itself;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
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failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
U
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