Patna High Court
Murari KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The petitioner is entitled to anticipatory bail subject to the conditions imposed by the Court.
Summary
Murari Kumar, manager of Surangapur Bhawanichak PACS, was implicated in a case alleging misappropriation of 250.7 MT of paddy worth Rs. 55,35,46, under IPC sections 406, 409 and 420. He contended that he was innocent, asserting that the purchase was made by the PACS chairman, Nitish Kumar, who had already obtained anticipatory bail. The State opposed his bail application. The Court, noting the petitioner's clean antecedents and lack of direct involvement, granted anticipatory bail subject to a bail bond of Rs. 10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S. The order also stipulated surrender within eight weeks if arrested.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- IPC sections 406, 409, 420
- misappropriation
- co-operative society
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45619 of 2025
Arising Out of PS. Case No.-818 Year-2024 Thana- JAHANABAD District- Jehanabad
======================================================
Murari Kumar Son of Muneshwar Paswan Resident of Village - Surangapur,
Police Station - Jehanabad in the district of Jehanabad.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The District Manager, B.S.F.C Jehanabad, Bihar
3. The District Co-operative Officer, Jehanabad.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr.Sunil Kumar
For the State : Mr.Parmeshwar Mehta
For the OP-2 : Mr. Nirmal Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
7 16-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 406, 409, 420 of the
Indian Penal Code.
3. As per prosecution case, this petitioner, who was
Manager of Surangapur Bhawanichak PACS, in connivance with
other co-accused persons, defalcated and misappropriated 250.7
M.T. Paddy equivalent to Rs. 55,35,46/-.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. The entire
purchase was made by the Chairman of the PACS, namely,
Patna High Court CR. MISC. No.45619 of 2025(7) dt.16-01-2026
2/2
Nitish Kumar, who has already been granted anticipatory bail by
this Court, vide order dated 14.10.2025 passed in Cr.Misc. No.
48917 of 2025, on his undertaking that he would pay entire
amount in installments in the office of Block Cooperative
Officer, Jehanabad. So far as this petitioner is concerned, he is
no way involved in the alleged purchase of paddy. Petitioner
claims clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the aforesaid facts and circumstances,
in the event of arrest/surrender before the Court below within a
period of eight weeks from today, let the above named petitioner
be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Jehanabad in
connection with Nagar (Kalpa) P.S. Case No. 818 of 2024,
subject to condition as laid down under Section 438(2) of the
Cr.P.C. / Section 482(2) of the B.N.S.S.
(Prabhat Kumar Singh, J)
anay
U T
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