Patna High Court
Pradeep Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 316(2), 318(4), 482(2)
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
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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
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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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