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Patna High Court

Gorakh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.29573 of 2026(2) dt.06-05-2026
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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
Patna High Court CR. MISC. No.29573 of 2026(2) dt.06-05-2026
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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,
            Patna High Court CR. MISC. No.29573 of 2026(2) dt.06-05-2026
                                                        4/4




                      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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