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Patna High Court

Vikash YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed anticipatory bail to all petitioners, subject to a bail bond, sureties and a structured repayment schedule.

Summary

The petitioners, who are members of the managing committee of Kolhasar PACS, were accused of misappropriating 2,149.85 quintals of paddy resulting in a loss of Rs. 49,98,401 under Sections 318(4), 316(2), 316(5) and 3(5) of the Bhartiya Nyaya Sanhita. They applied for anticipatory bail, asserting that they had not committed any offence and were willing to return the embezzled amount in installments. The State opposed the bail but did not dispute the petitioners' willingness to refund the money. The Court, after hearing counsel, granted anticipatory bail to all petitioners, directing them to furnish a bail bond of Rs. 10,000 with two sureties and to pay Rs. 5,00,000 immediately by bank draft, with the balance to be paid in five installments over twelve months. The bail was conditioned on compliance, and the Court clarified that the order was granted without adjudicating the merits of the case. Consequently, the bail petitions were allowed subject to the stipulated conditions.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioners accused under Sections 318(4), 316(2), 316(5) and 3(5) of the Bhartiya Nyaya Sanhita?
  • Whether the petitioners are likely to flee or tamper with evidence, justifying denial of bail?
  • Whether the petitioners' offer to refund the alleged misappropriated amount influences the bail decision?

Legislation cited

Subjects

  • anticipatory bail
  • misappropriation of paddy
  • cooperative society
  • Bhartiya Nyaya Sanhita
  • Section 482
  • bail conditions
  • refund of embezzled funds

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL MISCELLANEOUS No.2279 of 2026
            Arising Out of PS. Case No.-73 Year-2025 Thana- JAIPUR District- Banka
     ======================================================
     Ranjeet Yadav @ Ranjit Kumar Yadav Son of Arjun Yadav Resident of
     Village- Malhori Chak, P.O.- Kadhar, P.S.- Jaipur, District- Banka, Bihar,
     813106

                                                                       ... ... Petitioner/s
                                           Versus
     1. The State of Bihar
     2. Rakesh Ranjan Singh, Block Cooperative Publicity Officer, Katoria, Banka.

                                            ... ... Opposite Party/s
     ======================================================
                                             with
                 CRIMINAL MISCELLANEOUS No. 4699 of 2026
            Arising Out of PS. Case No.-73 Year-2025 Thana- JAIPUR District- Banka
     ======================================================
1.    Reena Devi W/o Brahmdev Yadav R/o Village - Digghi Bandh, P.S. - Jaipur,
      Distt. - Banka, Bihar.
2.   Suman Prasad Yadav Son of Pairu Yadav R/o Village - Digghi Bandh, P.S. -
     Jaipur, Distt. - Banka, Bihar.
3.   Lalmuni Devi W/o Kantlal Thakur R/o Village - Kadhar, P.S. - Jaipur, Distt.
     - Banka, Bihar, 813106.
4.   Surendra Yadav Son of Jailal Yadav R/o Villaage - Kolhasar, Post. -
     Kachhar, P.S. - Jaipur, Dist. - Banka, Bihar - 813106.
5.   Hamiya Devi W/o Bihari Yadav R/o Villaage - Kolhasar, Post. - Kachhar,
     P.S. - Jaipur, Dist. - Banka, Bihar - 813106.

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

2.   The District Manager, State Food Corporation, Banka. Bihar
3.   The District Cooperative Officer, Banka.
4.   The Block Cooperative extension Officer, Block- Katoriya, Distt.- Banka.

                                            ... ... Opposite Party/s
     ======================================================
                                             with
                 CRIMINAL MISCELLANEOUS No. 5026 of 2026
            Arising Out of PS. Case No.-73 Year-2025 Thana- JAIPUR District- Banka
     ======================================================
     Vikash Yadav S/O Ram Yadav Resident of Village- Digghiband/Giddhibandh,
     P.S- Jaipur/Aadhar, Distt.- Banka.
         Patna High Court CR. MISC. No.2279 of 2026(3) dt.10-02-2026
                                                     2/6




                                                                           ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    The District Manager, State Food Corporation, Banka. Bihar
           3.    The District Cooperative Officer, Banka.
           4.    The Block Cooperative extension Officer, Block- Katoriya, Distt.- Banka.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 2279 of 2026)
                 For the Petitioner/s     : Mr.Piyush Kumar
                 For the Opposite Party/s : Mr.Parmeshwar Mehta
                 (In CRIMINAL MISCELLANEOUS No. 4699 of 2026)
                 For the Petitioner/s     : Mr.Kundan Kumar Ojha
                 For the Opposite Party/s : Mr.Syed Ehteshamuddin
                 (In CRIMINAL MISCELLANEOUS No. 5026 of 2026)
                 For the Petitioner/s     : Mr.Balram Kapri
                 For the Opposite Party/s : Mr.Parmeshwar Mehta
                 For the BSFC in all case : Mr. Shailendra Kr. Singh with
                                            Mr. Utkarsha Utpal & Mr. Niraj Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   10-02-2026                   Heard learned counsel for the petitioners, learned

                   A.P.P. for the State and learned counsel appearing on behalf of

                   B.S.F.C. in all the three cases.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence under Sections 318(4), 316(2), 316(5)

                   and 3(5) of the Bhartiya Nyaya Sanhita.

                                3. As per prosecution case, these petitioners, who are

                   Chairman, Manager and members of the Managing Committee,

                   are alleged to have misappropriated 2149.85 quintals of paddy,

                   causing loss to the government worth Rs. 49,98,401/- (Rupees

                   forty nine lakhs ninety eight thousand four hundred one only).
Patna High Court CR. MISC. No.2279 of 2026(3) dt.10-02-2026
                                            3/6




                       In Cr.Misc. No. 2279 of 2026 (Ranjeet Yadav)

                       4. Learned counsel for the petitioner submits that

          petitioner is Manger of Kolhasar PACS and has committed no

          offence. However, petitioner is ready to return the embezzled

          amount of Rs. 19,49,200/- (Rupees nineteen Lakhs forty nine

          thousand two hundred) in installments, out of total embezzled

          amount of Rs. 49,98,401/-, for which, learned counsel for the

          opposite party/B.S.F.C. does not oppose.

                       5. In the facts and circumstances of the case, let the

          petitioner namely Ranjit Yadav, 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

          Judicial Magistrate, Banka/concerned Court in connection with

          Jaipur P.S. Case No. 73 of 2025, subject to condition as laid

          down under Section 482(2) of the B.N.S.S. with further

          following conditions:

                         “(A) At the time of furnishing bail-bond, the
                         petitioners shall refund Rs. 5,00,000/- (five lakhs)
                         through Bank Draft in favour of Block
                         Cooperative Officer, Katoria, Banka/concerned
                         officer.

                         (B) Rest amount i.e. Rs. 14,49,200/- shall be
                         refunded to the through Bank Draft in 5 (five)
                         installments within a period of twelve months
Patna High Court CR. MISC. No.2279 of 2026(3) dt.10-02-2026
                                            4/6




                         from the date of furnishing bail-bond.

                         (C) If petitioner fails to comply the direction of
                         this Court, the learned Court below would be at
                         liberty to cancel the bail-bonds of the
                         petitioners.”

                       In Cr.Misc. No. 5026 of 2026 (Vikash Yadav)

                       6. Learned counsel for the petitioner submits that

          petitioner is Chairman of Kolhasar PACS and has nothing to do

          with the alleged embezzlement of paddy. However, petitioner is

          ready to return the embezzled amount of Rs. 30,49,201/-

          (Rupees thirty Lakhs forty nine thousand two hundred one) in

          installments, out of total embezzled amount of Rs. 49,98,401/-,

          for which, learned counsel for the opposite party/B.S.F.C. does

          not oppose.

                       7. In the facts and circumstances of the case, let the

          petitioner namely Vikash Yadav, 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

          Chief     Judicial     Magistrate,       Banka/     concerned   Court   in

          connection with Jaipur P.S. Case No. 73 of 2025, subject to

          condition as laid down under Section 482(2) of the B.N.S.S.

          with further following conditions:
Patna High Court CR. MISC. No.2279 of 2026(3) dt.10-02-2026
                                            5/6




                         “(A) At the time of furnishing bail-bond, the
                         petitioners shall refund Rs. 5,00,000/- (five lakhs)
                         through Bank Draft in favour of Block
                         Cooperative Officer, Katoria, Banka/concerned
                         officer.

                         (B) Rest amount i.e. Rs. 25,49,201/- shall be
                         refunded to the through Bank Draft in 5 (five)
                         installments within a period of twelve months
                         from the date of furnishing bail-bond.

                         (C) If petitioner fails to comply the direction of
                         this Court, the learned Court below would be at
                         liberty to cancel the bail-bonds of the
                         petitioners.”

                       8. It is made clear that order granting bail to aforesaid

          two petitioners has been passed only for considering the prayer

          for anticipatory bail without going into the merit of the case.

                       In Cr.Misc. No. 4699 of 2026 (Reena Devi & Ors.)

                       9. Learned counsel for the petitioners submits that

          petitioners are members of the Managing Committee of

          Kolhasar PACS and have committed no offence. They have no

          role to play in the financial matter of PACS. It was Chairman

          and Manager, who were responsible for embezzlement of

          government money. Petitioners claim clean antecedent.

                       10. In the facts and circumstances of the case, let the

          petitioners namely Reena Devi, Suman Prasad Yadav, Lalmuni

          Devi, Surendra Yadav and Hamiya Devi, in the event of

          arrest/surrender within a period of eight weeks from today, be
           Patna High Court CR. MISC. No.2279 of 2026(3) dt.10-02-2026
                                                       6/6




                     enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten

                     thousand) each with two sureties of the like amount each to the

                     satisfaction of learned Judicial Magistrate 1st Class, Banka /

                     concerned Court in connection with Jaipur P.S. Case No. 73 of

                     2025, subject to condition as laid down under Section 482(2) of

                     the B.N.S.S.

                                  11. Accordingly, all the aforesaid bail petitions are

                     allowed.



                                              (Prabhat Kumar Singh, J)
anay

U      T


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