Created by Fuzzy Cloud

Patna High Court

Munna YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court grants anticipatory bail to the petitioner, subject to payment of Rs.4,12,100 in two installments and compliance with specified conditions.

Summary

The petitioner, Munna Yadav, was arrested in connection with a case under Section 7 of the Essential Commodities Act for alleged misappropriation of wheat and rice allocated to a public distribution system. The prosecution alleged that he, as Chairman of the Rampur PACS, diverted the food grains, while the petitioner contended that any shortfall was due to labor shortages and expressed willingness to pay the alleged amount of Rs.4,12,100 in two installments. Both parties agreed that the petitioner would appear before the investigating authority and settle the dues. The Court, noting the petitioner’s clean record and his undertaking to pay, considered whether anticipatory bail was appropriate. It granted anticipatory bail subject to payment of the stipulated amount in two installments and a series of conditions, including furnishing a bail bond, sureties, and cooperation with the investigation. Failure to comply would lead to cancellation of the bail bond.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner accused under Section 7 of the Essential Commodities Act
  • Whether the petitioner’s willingness to pay the alleged amount and appear before the authority justifies bail
  • What conditions should be imposed on the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Essential Commodities Act
  • misappropriation
  • food grains
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31341 of 2026
                  Arising Out of PS. Case No.-79 Year-2025 Thana- BHANGHA District- West Champaran
                 ======================================================
                 Munna Yadav S/O Jaychand Yadav @ Jay Chandra Yadav Resident Of
                 Village- Behari Chapariya Tola, P.s.- Bhangaha, Dist.- West Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Bihar State Food and Civil Supplies Corp. Ltd., Patna Through its Managing
                 Director

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Shashank Chandra, Advocate
                                        :        Mr. Nitish Kumar, Advocate
                 For the State          :        Mr. Parmeshwar Mehta, APP
                 For the BSFC           :        Mr. Shailendra Kumar Singh, Advocate
                                        :        Mrs. Manju Kumari, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   07-05-2026                          Heard Mr. Shashank Chandra, learned counsel

                   for the petitioner and Mrs. Manju Kumari, learned counsel

                   representing the Bihar State Food and Civil Supplies Corp. Ltd.

                   beside learned APP.

                                 2. The petitioner is apprehending his arrest in

                   connection with Bhangha P.S. Case No. 79 of 2025 registered

                   for the offence under Sections 7 of the Essential Commodities

                   Act, lodged on 24.08.2025 by the informant, Supriya Kumari.

                                 3. As per the prosecution story, the informant alleged

                   that the petitioner being the Chairman of the Rampur PACS and

                   21.04 quintals of wheat and 84.30 quintals of rice to be supplied
Patna High Court CR. MISC. No.31341 of 2026(2) dt.07-05-2026
                                            2/4




          but sensing that the petitioner has misappropriated the said food

          grant, the F.I.R. on the instruction of the Superior Authority.

                       4. Learned counsel for the petitioner submits that due

          to shortage of labour sometime stock records are not uploaded,

          there was no intention to misappropriate, to show his bonafide,

          the petitioner is ready to pay the equivalent amount of

          Rs.4,12,100/- by way of Demand Draft and further is also ready

          to appear before the authority and if it is found that any further

          amount is due, the same shall also be cleared. However, the

          amount being large, he be allowed to pay it in two installments.

                       5. Learned counsel representing the Corporation

          though      opposes       the     prayer     submitting   that   he   has

          misappropriated the food grains, submits that if the petitioner is

          ready to pay and appear before the authority, appropriate order

          can be passed.

                       6. Taking into account the submissions of the parties,

          though allegation is there, the petitioner had given and

          undertaking that he shall be providing the Demand Draft of

          Rs.4,12,100/- and further shall be appearing before the

          informant to satisfy him/her, has no criminal antecedent, this

          Court is inclined to extend him the privilege of anticipatory bail

          subject to payment of Rs.4,12,100 in two installments as under:
Patna High Court CR. MISC. No.31341 of 2026(2) dt.07-05-2026
                                            3/4




                                  “(i) Rs.2,12,100/- at the time of execution of

                             bail bond;

                                  (ii) Rs.2,00,000/- by 10th of June, 2026;

                             (iii) failure to pay the aforesaid amount, the

                             State shall take steps for cancellation of bail

                             bond.

                             (iv) shall appear before the authority.

                       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 Judicial Magistrate, First Class, Bettiah,

          in connection with Bhangha P.S. Case No. 79 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
            Patna High Court CR. MISC. No.31341 of 2026(2) dt.07-05-2026
                                                        4/4




                      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,

                      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      T


Continue reading with your account

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

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

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