Patna High Court
Pikku Yadav @ Satish Kumar @ Pinku YadavversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner, directing his release on bond with sureties subject to the conditions of Section 438(2) CrPC and Section 482 of the BNSS.
Summary
The petitioner, Pikku Yadav, sought bail fearing arrest in a case (Laheri PS Case No. 279 of 2017) registered under Sections 409 and 34 of the Indian Penal Code concerning alleged misappropriation of custom milled rice from a State Food Corporation godown. He contended that he had supplied the rice in duly documented batches, all transported by truck, and that inspections by senior officials had found the quantity and quality satisfactory. He argued that the allegations of transport by two‑wheelers and the missing rice were false, and he had repeatedly represented his innocence before senior police and administrative officers. The State and the Bihar State Food Corporation opposed the bail application, asserting the seriousness of the cheating allegations. The Court, after considering the submissions and the fact that similarly situated accused had been granted bail, allowed the bail application, directing release on a bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482 of the BNSS.
Issues considered
- Whether bail should be granted to the petitioner in a case under Sections 409 and 34 IPC concerning alleged misappropriation of rice.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 34, 409
Subjects
- bail
- cheating
- Indian Penal Code
- Section 409
- Section 34
- Code of Criminal Procedure
- BNSS
- State Food Corporation
- missing rice
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32500 of 2025
Arising Out of PS. Case No.-279 Year-2017 Thana- LAHERIMUHALLA District- Nalanda
======================================================
Pikku Yadav @ Satish Kumar @ Pinku Yadav S/O Late Shiv Narayan Prasad
Village- Khaje Etwar Sarai Police Station- Rahui, District- Nalanda
... ... Petitioner/s
Versus
1. The State Of Bihar Bihar
2. Ram Babu S/O Late Ramnaumi Ram R/O and Post- Dighwaliya, P.s.-
Raghunathpur, Dist.- Siwan. At Present Dist. Manager, State Food Corp.,
Nalanda.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar
For the Opposite Party/s : Mr.Parmeshwar Mehta
Mr. Shyam Kumar Singh, APP
For the BSFC : Mr. Nirmal Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 19-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Laheri P.S. Case No. 279 of 2017 registered for
the offence under Sections 409/34 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 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
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was found missing. Standard of rice was also alleged to be
found of compromised quality.
4. Learned counsel for the petitioner submits that
the petitioner had purchased 6000 quintals of paddy from PACS
farmers, which yields approximately 4020 quintals of rice
(67%). Of this, 1371.49 quintals of CMR was deposited as
follows: 26.02.2017 (200 quintals), 27.02.2017 (200 quintals),
28.02.2017 (200 quintals), 01.03.2017 (200 quintals),
02.03.2017 (121.92 quintals), 07.03.2017 (200 quintals), and
08.03.2017 (249.57 quintals) and all were transported by truck
bearing Reg. No. BR21E-8001. He further submits that the rice
was received at the SWC godown, Bihar Sharif, by the
concerned officers namely Ranjeet Kumar and Abhay Kumar,
who signed the relevant quality and quantity analysis reports on
02.03.2017 and 09.03.2017 respectively and remaining 2648.51
quintals of CMR were deposited at other SFC godowns by
trucks.
5. Learned counsel fo the petitioner further submits
that the SWC godown at Bihar Sharif, along with other CMR
godowns, was inspected by senior district officers on
27.03.2017, as directed by the District Magistrate, Nalanda. The
quality and quantity were found to be satisfactory and therefore
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the petitioner has falsely been implicated in this case and he has
given representations before the S.P., D.M., D.I.G. Patna, and
I.G. Bihar along with the aforementioned documents asserting
his innocence. He next submits that the allegation that CMR
was transported by two-wheeler or passenger vehicle is
completely false. The entire CMR was transported by a truck,
which is also reflected in the purchase-cum-payment vouchers
signed by SWC officials and the entire payment for the supplied
CMR was credited to the petitioner's PACS loan account with
Nalanda Central Cooperative Bank Ltd., Rahui Branch, by SFC,
Nalanda.
6. In support of his submissions, learned counsel
for the petitioner has submitted that the similarly situated
accused persons have already been granted bail by co-ordinate
Benches of this Court.
7. Learned counsel for the State and BSFC have
vehemently opposed the application of the petitioner.
8. Considering the aforesaid facts, this application
is allowed.
9. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
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bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate, Nalanda/concerned Court below in connection with
Laheri P.S. Case No. 279 of 2017, subject to the conditions laid
down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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