Patna High Court
Saurabh KishorversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court modified the earlier order, correcting the payee to Aurangabad District Central Cooperative Bank and extending the surrender period by six weeks while maintaining the bail conditions.
Summary
The petitioner sought modification of an order dated 17‑04‑2025 that erroneously directed payment of a defalcated amount to the District Manager of the Bihar State Food Corporation instead of the Aurangabad District Central Cooperative Bank. The court accepted the petition, corrected the payee in the operative part of the order, and extended the time for surrender and furnishing bail‑bond by six weeks. The bail conditions were reiterated, including payment of Rs.1,97,35,104 in 48 monthly installments via demand draft to the correct bank, and a receipt of the first installment to be produced at bail. The court also retained the power to cancel bail if the petitioner fails to comply. Consequently, the modification petition was allowed.
Issues considered
- Whether the operative part of the order dated 17‑04‑2025 can be corrected to reflect the proper payee for the defalcated amount
- Whether the period for surrender and furnishing bail‑bond can be extended
- Whether the conditions under Section 482(2) of the B.N.S.S. apply to the modified bail order
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- bail
- modification of order
- payment correction
- defalcated amount
- Section 482(2)
- cooperative bank
- surrender period
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56776 of 2025
In
CRIMINAL MISCELLANEOUS No.11006 of 2025
Arising Out of PS. Case No.-84 Year-2024 Thana- FESHAR District- Aurangabad
======================================================
Saurabh Kishor S/O Kamal Kishor R/O Village- Nagwel, Meskaur, Sanrh,
Majhganw, S. Marighagwa, Police Station- Meskaur, District- Nawada. At
present the Managing Director Aurangabaad Central Coperative Bank,
Aurangabad.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rakesh Kumar Singh S/O Badri Narayan Singh R/O Village- Bakar, P.O and
P.S- Feshar, Distt.- Aurangabad.
3. District Manager, Bihar State Food and Civil Supplies Corporation,
Aurangabad. Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Sanjay Kumar, Advocate
For the State : Mr. Bharat Bhushan, APP
For the B.S.F.C. : Mr. Nirmal Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 09-01-2026 Heard learned counsel appearing on behalf of the
petitioner, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the B.S.F.C..
2. This petition has been filed for modification of
order dated 17.04.2025 passed in Cr. Misc. No. 11006 of 2025
by this Court to the extent of correction in the operative part of
the aforesaid order and for extension of period to surrender.
3. It is submitted by learned counsel for the petitioner
that due to inadvertent error, in the operative part of the
Patna High Court CR. MISC. No.56776 of 2025(3) dt.09-01-2026
2/3
aforesaid order dated 17.04.2025, it has been directed that the
alleged defalcated amount shall be paid by the petitioner in easy
installments through demand draft in favour of the “District
Manager, Bihar State Food Corporation, Aurangabad” instead
of “Aurangbad District Central Cooperative Bank, Aurangabad
Branch”. Accordingly, learned counsel for the petitioner
requests for necessary correction in the order.
4. In view of reasons assigned in the petition and
aforesaid submission of learned counsel appearing on behalf of
the petitioner, let Paragraph No. 6 of the order dated 17.04.2025
passed in Cr. Misc. No. 11006 of 2025 be read as follows:-
“6. Accordingly, in the event of arrest/surrender
within a period of eight weeks from today, let the above
named petitioner 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
A.C.J.M. IV, Aurangabad in connection with Faser P.S.
Case No. 84 of 2024, subject to condition as laid down
under Section 482(2) of the B.N.S.S., along with the
following terms and conditions:
A. Petitioner shall pay the alleged defalcated
amount amounting to Rs.1,97,35,104/-
(Rupees one crore ninety-seven lacs thirty-
five thousand one hundred four only) in 48
equal monthly installments amounting to Rs.
4,11,148/- (Rupees four lacs eleven thousand
Patna High Court CR. MISC. No.56776 of 2025(3) dt.09-01-2026
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one hundred forty-eight only) within a period
of two years from the date of furnishing bail-
bond through demand draft in favour of
Aurangbad District Central Cooperative
Bank, Aurangabad Branch.
B. A receipt of payment of first installment
shall be furnished at the time of furnishing
bail bond.
C. If petitioner fails to comply the aforesaid
direction of this Court, the Court below is
free to cancel the bail-bond of the petitioner.”
5. Accordingly, further six weeks’ time from today is
granted to the petitioner to surrender and furnish bail-bond
before the concerned Court where the case is pending.
6. With the aforesaid directions, order dated
17.04.2025 passed in Cr. Misc. No. 11006 of 2025 is modified to
the above extent and this modification petition is allowed.
(Prabhat Kumar Singh, J)
shashank/-
U T
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