Patna High Court

Swarnajeet KumarversusThe State of Bihar

Decided: 16 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Bail was granted to the petitioner subject to conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Summary

The petitioner, Swarnajeet Kumar, manager of Sripurmileeck PACS, was arrested in a case alleging defalcation of rice procurement amounting to Rs. 19,12,128 and charged under Sections 316(5), 318(4) and 3(5) of the Bhartiya Nagrik Suraksha Sanhita, 2023. He contended that he had no role in the financial transactions of the PACS and that the co‑accused Chairman, Rajesh Kumar, had already been granted bail and had paid the defalcated amount. The State opposed the bail petition. The Court examined the facts, the nature of the alleged offence, and the petitioner’s clean antecedents, and decided to grant bail on the condition that the petitioner surrenders within eight weeks, furnishes a bail bond of Rs. 10,000 with two sureties, and complies with Section 482 of the B.N.S., 2023. The order was pronounced by Justice Prabhat Kumar Singh.

Issues considered

What is the applicability of bail under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 to the petitioner charged with defalcation?
Whether the petitioner’s alleged lack of involvement in the financial transactions justifies granting bail?

Legislation cited

Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 316(5), 318(4), 3(5), 482

Subjects

bail
defalcation
co-operative society
rice procurement
Bhartiya Nagrik Suraksha Sanhita
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.46857 of 2025
                     Arising Out of PS. Case No.-201 Year-2024 Thana- BHAWANIPUR District- Purnia
                 ======================================================
                 Swarnajeet Kumar S/o- Lakshman Prasad singh Village-Po- Shripur PS-
                 Bhawanipur, Dist- Purnea

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Santosh Kumar
                 For the Opposite Party/s :       Mr.Parmeshwar Mehta
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   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 316(5), 318(4), 3(5) of

                   the B.N.S., 2023.

                                3. It is alleged that by Sripurmileeck PACS, total

                   86.60 Matric Ton Paddy was purchased, which is equivalent to

                   58.88 M.T. C.M.R. rice and said rice was to be delivered to

                   Bihar State Food Corporation, Purnea by 30.09.2024, but this

                   petitioner, who was Manager of said PACS, and co-accused

                   Rajesh Kumar, being Chairman of said PACS, did not supply

                   said rice to the concerned agency of the government and thus,

                   defalcation total amount of Rs. 19,12,128/-.

                                4. Learned counsel for the petitioner submits that co-
           Patna High Court CR. MISC. No.46857 of 2025(3) dt.16-01-2026
                                                       2/2




                     accused Rajesh Kumar, who was Chairman of said PACS, has

                     already been granted bail by a coordinate Bench of this Court,

                     vide order dated 11.08.2025 passed in Cr.Misc. No. 52433 of

                     2025 and was directed by this Court to pay the entire defalcated

                     amount i.e. Rs. 19,12,128/- to the District Co-operative Officer,

                     Purnea and same has already been paid. Petitioner, being

                     Manager of the PACS, has got no role in the financial

                     transaction of the PACS. Petitioner claims clean antecedent.

                                  5. Learned A.P.P. for the State has opposed the bail

                     petition.

                                  6. Considering the aforesaid facts and circumstances,

                     let the above named petitioner, in the event of arrest/surrender

                     within a period of eight weeks from today, 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

                     C.J.M., Purnea in connection with Bhawanipur P.S. Case No.

                     201 of 2024, subject to condition as laid down under Section

                     482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.



                                                    (Prabhat Kumar Singh, J)
anay

U      T

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