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Patna High Court

Pradeep Kumar YadavversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Bail was granted to the petitioners subject to bond, sureties and compliance with the repayment undertaking.

Summary

Petitioners Pradeep Kumar Yadav and Nitesh Kumar Yadav, who were President and Secretary of a Primary Agricultural Credit Society, were charged under Sections 316(2) and 318(4) of the Bharatiya Nagrik Suraksha Sanhita for allegedly misappropriating a loan of Rs.18,64,656 taken for paddy purchase, having deposited only Rs.8,90,000. They applied for bail, stating they are ready to repay the outstanding Rs.9,74,656 in three equal installments over nine months and that a certificate case for recovery is pending before the District Central Cooperative Bank. The State opposed bail, emphasizing the serious nature of the alleged misappropriation. The Court, after considering the petitioners' undertaking and financial constraints, granted bail subject to a bond of Rs.20,000 each, two sureties, and conditions that non‑compliance with the repayment schedule would lead to cancellation of bail. The order was made under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether bail should be granted to the accused in a case of alleged misappropriation of cooperative loan funds under Sections 316(2) and 318(4) of the Bharatiya Nagrik Suraksha Sanhita.
  • Whether the petitioners' undertaking to repay the outstanding amount in installments suffices to justify bail.

Legislation cited

Subjects

  • bail
  • misappropriation
  • cooperative credit society
  • loan default
  • criminal procedure
  • Section 482
  • Bharatiya Nagrik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.50066 of 2025
                        Arising Out of PS. Case No.-301 Year-2024 Thana- BARARI District- Katihar
                 ======================================================
           1.     Pradeep Kumar Yadav S/O Bir Narayan Yadav R/O Village- Husaina
                  Panchayat Uttari Bhandartal, PS- Barari, District- Katihar
           2.    Nitesh Kumar Yadav @ Nitesh S/O Bhupendra Yadav @ Bhupendra Prasad
                 Yadav R/O Village- Husaina Panchayat Uttari Bhandartal, PS- Barari,
                 District- Katihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Akhauri Kamal Kishore Sahay
                 For the Opposite Party/s :        Mr.Ashok Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

4   21-01-2026                  Heard the parties.

                                2. The petitioners apprehend their arrest in connection

                   with Barari P.S. Case No. 301 of 2024, registered for the

                   offences punishable under Sections 316(2), 318(4) of the BNS.

                                3. As per the prosecution case, the petitioners, who

                   were holding the post of President and Secretary, respectively of

                   Primary Agricultural Credit Society (PACS), Uttari Bhandantal,

                   had taken loan of Rs.18,64,656/- for purchase of 84.450 metric

                   ton paddy, but they have deposited only Rs.8,90,000/- and the

                   rest of the remaining amount to the tune of Rs.9,74,656/- has

                   been misappropriated.

                                4.Learned Advocate for the petitioners submitted that
Patna High Court CR. MISC. No.50066 of 2025(4) dt.21-01-2026
                                            2/3




          for recovery of the due amount, a certificate case has already

          been instituted by the Katihar District Central Cooperative Bank

          Limited, Katihar, which is pending consideration. Moreover, the

          petitioners have always been ready to pay the rest of the amount

          but on account of financial crunch they are unable to deposit in

          one lumpsum. The petitioners are men of fair antecedent.

          Learned Advocate for the petitioners, on instruction, submits

          that the petitioners will deposit the rest of the amount to the tune

          of Rs.9,74,656/- within three proper installments of three

          months each.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submitted that

          there is specific accusation of misappropriation of huge amount

          against the petitioners.

                       6. Having considered the submissions advanced by

          the learned Advocates for the respective parties and taking note

          of the undertaking given before this Court by the petitioners that

          they are ready to deposit the rest of the due amount to the tune of

          Rs.9,74,656/- in three proper installments of three months each, let the

          petitioners abovenamed be released on bail, in the event of their arrest

          or surrender before the court below within a period of four weeks from

          the date of receipt/production of a copy of this order, upon
           Patna High Court CR. MISC. No.50066 of 2025(4) dt.21-01-2026
                                                       3/3




                     furnishing bail bonds of Rs.20,000/- (twenty five thousand) each

                     with two sureties of the like amount each to the satisfaction of

                     the learned ACJM-1st, Katihar in connection with Barari P.S.

                     Case No. 301 of 2024, subject to the conditions laid down in

                     Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023,

                     with the further conditions:

                                  (i) Any defiance of the undertaking with respect to

                     deposition of the rest of the due amount to the tune of

                     Rs.9,74,656/-       in    three    proper      installments   shall   entail

                     cancellation of the bail bonds of the petitioners, and

                                  (ii) that one of the bailors shall be the own/close

                     family members of the petitioners.



                                                 (Harish Kumar, J)
Anjani/-

U      T


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