Created by Fuzzy Cloud

Patna High Court

Md. Jahangir AlamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court conditionally granted provisional bail to the petitioner under Section 438(2) of the CrPC.

Summary

The petitioner, Md. Jahangir Alam, a senior Deputy Collector who briefly acted as in‑charge District Manager of the Bihar State Food Corporation, was implicated in a case alleging misappropriation of paddy under IPC sections 406, 409 and 420. The prosecution alleged that a rice miller received paddy from the corporation and supplied only a fraction, misappropriating the balance. The petitioner contended that he was not named in the FIR, that the paddy was handed over without a Store Issue Order to prevent loss, and that any lapse was administrative, not criminal. He offered to deposit Rs. 5 lakh in installments pending the case outcome. The Court, applying Section 438(2) of the CrPC, granted provisional bail subject to a bail bond of Rs. 10,000, two sureties, and a deposit of Rs. 2.5 lakh with the balance to be paid in installments, without addressing the merits of the criminal allegations.

Issues considered

  • Whether the petitioner is entitled to bail under Section 438(2) of the CrPC despite allegations under IPC sections 406, 409 and 420.
  • Whether the alleged administrative lapse can be treated as a criminal offence warranting denial of bail.

Legislation cited

Subjects

  • bail
  • provisional bail
  • Criminal Procedure Code
  • Indian Penal Code
  • misappropriation
  • administrative lapse
  • state food corporation
  • IPC 406
  • IPC 409
  • IPC 420

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29707 of 2025
                         Arising Out of PS. Case No.-72 Year-2015 Thana- BIHRA District- Saharsa
                 ======================================================
                 Md. Jahangir Alam S/O Late Kalimullah R/O - House No.57, Gram - Fatepur
                 Chain, Gangua Ward No.09 Saran, Bihar

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar Bihar
           2.    The District Manager, Bihar State Food Corporation, Saharsa, Bihar. Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ramakant Sharma, Senior Advocate
                                                   Mr.Sourav Suman, Advocate
                 For the Opposite Party/s :        Mr.Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

9   17-02-2026                   Heard learned counsel for the petitioner and the State.
                                 2. The petitioner apprehends arrest in a case registered
                   for the offence punishable under sections 406, 409 and 420 of
                   the IPC.
                                 3. Prosecution case in brief is that Kaushal Kishore
                   Singh, District Manager, SFC, Saharsa submitted written report
                   to the S.H.O., Bihra P.S. vide letter No.488 dated 16-04-2015
                   wherein it is alleged that the proprietor of M/S PACS Rice Mill,
                   Bijapur, Block Sattarkatiya, Sahasa and the District Manager,
                   SFC, Saharsa jointly executed an agreement for the KHARIF
                   marketing year 2012-13 and as per agreement the proprietor of
                   rice mill received 34410.00 quintals Paddy from the Bihar State
                   Food Corporation and the Miller had to supply 67% of C.M.R.
                   which is 23054.70 quintal to the BSFC, Saharsa but till the
                   stipulated period, the Miller supplied only 5131.03 quintal CMR
                   and misappropriated the rest CMR i.e. 17923,67 quintals valued
                   at the rate of Rs.2165.56 per quintal comes to the time of
Patna High Court CR. MISC. No.29707 of 2025(9) dt.17-02-2026
                                            2/3




          Rs.3,88,14,783.00.
                       4. It is submitted on behalf of the petitioner that the
          petitioner is not named in the F.I.R.. The petitioner was posted
          in the Saharsa District as a senior Deputy Collector and was
          discharging multiple administrative responsibilities, including
          being in-charge of Treasury Officer, Urdu Branch, Banking
          Branch and other allied duties, apart from regular assignment.
          He was given additional charge of the incharge District
          Manager, S.F.C., Saharsa for a very short period i.e. 5-10-13 to
          18-02-14. Learned counsel submitted that after taking charge, it
          came to the petitioner's notice that at certain procurement
          centres, namely Sattar Kataiya and Saurbazar, the procurement
          centre in-charge and assistant had already handed over paddy to
          the miller on the miller's pad without issuance of Store Issue
          Order, resulting in discrepancies in stock registers. Concerned
          procurement centre officials informed that the quantity of
          procured paddy had exceeded storage capacity and there was
          imminent risk of damage due to rainfall, therefore, to prevent
          wastage of government property, the paddy was handed over to
          the miller in anticipation of issuance of Store Issue Order, and
          the miller had issued receipts on his own pad only, as such, he
          cannot be held responsible for the alleged misappropriation.
          Since, petitioner was acting in the capacity of incharge District
          Masnager, SFC, Sahrsa, he did not issue any SIO in favour of
          any miller. It is submitted that at best it is a case of
          administrative lapse on the part of the petitioner. Learned
          counsel submits that, without admitting his guilt and without
          prejudice to his right and contention, petitioner is ready to
          deposit Res. 5 lacs in instalments in the Nazarat of the
          concerned Civil Court, subject to outcome of the case.
             Patna High Court CR. MISC. No.29707 of 2025(9) dt.17-02-2026
                                                         3/3




                                     5. Considering the aforesaid facts of the case, prayer
                       for bail of the petitioner is allowed. In the event of
                       arrest/surrender within eight weeks from today, let the
                       petitioner, mentioned above, be enlarged on provisional bail on
                       furnishing bail bond of Rs.10,000/- (ten thousand) with two
                       sureties of the like amount each to the satisfaction of the Chief
                       Judicial Magistrate, Darbhanga in Bihra (Saharsa) Police Station
                       Case No. 72/2015, subject to the conditions laid down under
                       section 438(2) of the Code of Criminal Procedure as well as on
                       following conditions:-
                                     (i) At the time of furnishing bail bond, Rs. 2.50 lacs
                       shall be deposited by the petitioner in the Nazarat of the Court
                       below.
                                     (ii) Rest amount of Rs. 2.50 lacs shall be deposited by
                       the petitioner in five equal installments within succeeding five
                       months.
                                     (iii) If the petitioner complies with the conditions,
                       court below shall confirm the provisional bail, otherwise court
                       below shall be at liberty to cancel the bail bonds of the
                       petitioner.
                                     6. It is made clear that without going into the merit of
                       the case, aforesaid order has been passed only for the purpose of
                       grant of bail and this deposit would be subject to the final result
                       of the criminal case or recovery case, pending if any.



                                             (Prabhat Kumar Singh, J)
Shashi

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.