Patna High Court
SATISH KUMARversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 34, 409
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
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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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