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Patna High Court

SATISH KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

Satish Kumar, chairman of Mararua PACS, was implicated in a 2017 case (PS No. 279) alleging shortage of CMR rice and charged under IPC sections 409 and 34. The prosecution claimed a discrepancy of 16,768.50 quintals of government rice after an inspection of the State Warehousing Corporation godown. The petitioner contended that he had purchased paddy, processed it into rice, and deposited the correct quantities in the warehouse, supported by purchase‑payment vouchers and an acceptance‑analysis report, and that subsequent inspections found no shortage. He sought bail, citing a similar accused who had been granted bail in a related matter. The State and the Bihar State Food and Civil Supply Corporation opposed the bail, but the court, applying Section 438(2) of the CrPC and Section 482 of the BNSS, allowed the bail application, directing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail should be granted to the accused in a case involving alleged cheating and fraud under IPC sections 409 and 34.
  • Whether the petitioner is likely to flee or tamper with evidence.
  • Whether the evidence presented (vouchers, inspection reports) creates a reasonable doubt justifying bail.
  • Applicability of Section 438(2) CrPC and Section 482 BNSS in granting bail.

Legislation cited

Subjects

  • bail
  • IPC 409
  • IPC 34
  • shortage of CMR rice
  • food supply corporation
  • criminal procedure
  • Section 438
  • Section 482
  • procurement
  • warehousing
  • fraud

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5227 of 2026
                  Arising Out of PS. Case No.-279 Year-2017 Thana- LAHERIMUHALLA District- Nalanda
                 ======================================================
                 Satish Kumar Son Of Shri Ram Chandra Prasad R/O Village - Haweli, P.S.-
                 Bihar, District - Nalanda.

                                                                                ... ... Petitioner/s
                                                      Versus
           1.    The State Of Bihar
           2.    District Manager Bihar State Food And Civil Supply Corporation
                 Biharsharif Nalanda Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Raj Kishor Prasad
                 For the Opposite Party/s :      Mr. Nawal Kishore Prasad
                 For the BSFC             :      Mr. Nirmal Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   24-02-2026                  Heard learned counsel for the petitioner, learned APP

                   for the State and the learned counsel for the BSFC.

                                2. The petitioner apprehends his arrest in connection

                   with Laheri P.S. Case No. 279 of 2017 registered for the offence

                   under Sections 409/34 of the Indian Penal Code.

                                3. The prosecution story, in brief, is that in light of the

                   District Magistrate, Nalanda's letter no. 4076, dated 28.06.2017,

                   the District Supply Officer, Nalanda, inspected the Warehousing

                   Corporation, CMR, Godown, Bihar Sharif. Following the

                   investigation, only 69279.50 quintals of CMR rice was found

                   against a total of 7620371 quintals of rice. Thus, a shortage of

                   16768.50 quintals of government rice was found. The quality of
Patna High Court CR. MISC. No.5227 of 2026(2) dt.24-02-2026
                                            2/3




          the rice was also found to be poor. The Superintendent, State

          Warehousing Corporation, Bihar Sharif, and the Executive

          Assistant are responsible for this.

                       4. The learned counsel for the petitioner submits that

          the petitioner is a Chairman of Mararua PACS and the petitioner

          purchased a total of 10,534.15 quintals of paddy from the PACS

          members (farmers). Of this, 67% of the paddy, amounting to

          7,051.18 quintals, was processed into rice, which resulted in

          3,456.90 quintals of CMR rice. This rice was deposited in the

          State Warehouse Corporation (SWC), Bihar Sharif, Nalanda on

          17-02-2017, through trucks. It is submitted that the rice was

          received by the Superintendent and the Executive Assistant after

          the quality and quantity were inspected. The petitioner has

          obtained the relevant purchase-cum-payment voucher for the

          CMR along with the acceptance-cum-analysis report of the rice.

                       5. Learned counsel fo the petitioner further submits

          that the remaining 3,594.28 quintals of CMR was deposited in

          another SFC CMR godown in Bihar Sharif, and there are no

          outstanding balances with SFC Nalanda. By order of the District

          Magistrate (D.M.) Nalanda, the SWC and other CMR godowns

          were inspected by the Senior District Officer on 27-03-2017,

          who found everything to be in order and submitted his report
            Patna High Court CR. MISC. No.5227 of 2026(2) dt.24-02-2026
                                                        3/3




                      vide Letter No. 444 dated 13-04-2017. He further submits the

                      petitioner is not concerned with any shortage of CMR.

                                   6. In support of his submissions, learned counsel for

                      the petitioner has submitted that the similarly situated accused

                      person has already been granted bail by this Court on

                      19.02.2026 in Cr. Misc. No. 32500 of 2025.

                                   7. Learned counsel for the State and BSFC have

                      vehemently opposed the application of the petitioner.

                                   8. Considering the aforesaid facts and circumstances

                      of the case, this application is allowed.

                                   9. Let the petitioner, above named, in the event of his

                      arrest or surrender before the concerned Court below within four

                      weeks from today, be released on bail on furnishing bail bond of

                      Rs. 10,000/- (Ten Thousand) with two sureties of the like

                      amount each to the satisfaction of the learned Chief Judicial

                      Magistrate, Nalanda/concerned Court below in connection with

                      Laheri P.S. Case No. 279 of 2017, subject to the conditions laid

                      down in Section 438(2) of the Code of Criminal Procedure,

                      1973 / Section 482 of the BNSS.



                                                              (Sandeep Kumar, J)
Shishir/-

U       T


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