Patna High Court
Pratima DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court re‑affirms anticipatory bail for the petitioners, subject to the stipulated deposit, bail bond and repayment conditions, and permits cancellation only upon non‑compliance.
Summary
The petitioners, who are the Chairman, Manager and members of the Lodipur PACS, were charged under Sections 316(5) and 318(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for allegedly embezzling Rs 41,81,069 during the procurement and sale of paddy. They applied for anticipatory bail, arguing that the rice was sold in the open market due to spoilage and that they intended to repay the amount. The High Court had earlier granted anticipatory bail on 12‑08‑2025 subject to a 25% deposit of the alleged loss, a bail bond of Rs 10,000 with two sureties, and a schedule for repaying the balance. On the present application, the petitioners had deposited the 25% but allegedly failed to make further payments, prompting a request for cancellation of bail. The Court, however, reaffirmed the anticipatory bail, directing the lower court to accept the bail bonds and the initial deposit, while allowing the newly appointed Chairman to move for cancellation if the repayment schedule is not complied with. The order is conditioned on compliance with Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the accused under Sections 316(5) and 318(4) of the BNSS.
- Whether the failure to make further instalment payments after the initial 25% deposit warrants cancellation of the bail.
- Whether the conditions imposed under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS are sufficient to prevent absconding or tampering with evidence.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 316(5), 318(4), 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- embezzlement
- cooperative society
- senior citizens
- BNSS
- Section 316
- Section 318
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57840 of 2025
Arising Out of PS. Case No.-64 Year-2024 Thana- Kusumbha District- Sheikhpura
======================================================
1. Pratima Devi W/O Shailendra Kumar R/O Vill.- Lodipur, P.S. - Kusumbha,
District - Sheikhpura
2. Prajapati Pandey S/o Late Raghunandan Pandey R/O Vill.- Deole, P.S. -
Kusumbha, District - Sheikhpura
3. Sharmila Devi W/O Pinku Kumar R/O Vill.- Deole, P.S. - Kusumbha,
District - Sheikhpura
4. Brahmdeo Thakur S/O Ramjee Thakur R/O Vill.- Deole, P.S. - Kusumbha,
District - Sheikhpura
5. Rajmuni Devi @ Lalmuni Devi W/O Ramadhin Tanti R/O Vill.- Deole, P.S.
- Kusumbha, District - Sheikhpura
6. Vinod Manjhi @ Binod Manjhi S/O Late Hari Manjhi R/O Vill.- Deole, P.S.
- Kusumbha, District - Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar, Advocate
For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP
For Newly appointed Chairman, PACS : Mr. Alexander Ashok, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 24-02-2026 Heard the learned counsel for the petitioners, learned
APP for the State and learned counsel for newly appointed
Chairman of PACS.
2. The petitioners apprehend their arrest in a case,
registered for the offences under Sections 316(5) and 318(4) of
the B.N.S.
3. The allegation against these accused persons are
that of causing embezzlement of government money to the tune
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of Rs. 41,81,069/- during the procurement of paddy of Lodipur
PACS. The Ex-Chairman and the Manager of the PACS namely,
Naresh Prasad and Manju Lata Pandey had approached this
Court for anticipatory bail in Cr. Misc. No. 30324 of 2025 and
the same was allowed on 12.08.2025. The following order was
passed on 12.08.2025:-
“Heard learned counsel for the
petitioners, learned counsel for the B.S.F.C.
and learned A.P.P. for the State.
2. The petitioners apprehend their
arrest in a case registered for the offences
punishable under Sections 316 (5) and 318
(4) of the B.N.S.
3. The allegation against the
petitioners is that of causing embezzlement of
government money to the tune of
Rs.41,81,069/- during the course of selling of
paddy procured by Lodipur PACS.
4. It is submitted by learned
counsel for the petitioners that the petitioners
are Chairman and Manager of the PACS and
have taken specific plea that since the paddy
was getting spoiled and damaged, the rice
was sold in the open market. However, there
is specific statement in para-11 that they are
ready to deposit the rice which was due to
the authorities. Attention of the Court has
been drawn towards Annexure-2 in this
regard which is the letter written by the
petitioner no.1 (Chairman of PACS) to the
District Co-operative Officer, which clearly
indicates that there was never an intention to
cheat or cause misappropriation and the rice
was sold in the open market under
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compelling circumstances.
5. Learned counsel for the BSFC
opposed the prayer for grant of anticipatory
bail to the petitioners on the ground of
embezzlement of huge amount and causing
loss to the State exchequer.
6. However, at this stage, an offer
has been made on behalf of the petitioners
that they would be making payment of 25%
of Rs.41,81,069/- which is the total alleged
embezzled amount before furnishing the bail
bonds and, out of the rest amount, 10% per
month in installments would be paid within a
period of eight months.
7. Taking into consideration the
facts and circumstances of the case as well as
the fact that the petitioners are senior
citizens, there is no likelihood of absconding
or tampering with the evidence and also the
willingness shown to refund the amount and
having no criminal antecedent, let the above
named petitioners, be released on provisional
bail, in the event of their arrest or surrender
before the learned Court below within a
period of four weeks from today, on
furnishing bail bond of Rs.10,000/- (Rupees
Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the
learned lower Court where the case is
pending/successor Court in connection with
Kusumbha P.S. Case No.64 of 2024, subject
to the condition as laid down under Section
438 (2) of the Cr.P.C/482 (2) of the Bharatiya
Nagarik Suraksha Sanhita (BNSS), 2023.
8. The learned Court below is
directed to accept the bail bonds of the
petitioner after showing deposit of 25% of
the alleged embezzled amount in the Co-
operative Bank concerned. The provisional
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bail of the petitioner shall be confirmed by
the learned Court below after deposit of the
total alleged embezzled amount within a
period of eight months, as offered by the
petitioners and stated in para-6 of this order.
If the petitioners fail to deposit the said
amount within the stipulated period as
aforesaid, the learned Court below would be
at liberty to cancel the provisional bail of the
petitioners.”
4. The Naresh Prasad and Manju Lata Pandey at the
time of surrender and executing bail bond have deposited the
amount of 25% of the defalcated amount for executing bail bond
but as contended by learned counsel for newly appointed
Chairman of PACS that thereafter they had not paid a single
amount.
5. If it is so, the court below should have cancel the
privilege of bail granted to Naresh Prasad and Manju Lata
Pandey and taken them into custody.
6. The newly appointed Chairman of PACS is given
liberty to move for the cancellation of the bail bonds of the
Naresh Prasad and Manu Lata Pandey if they are not abiding by
the orders of this Court dated 12.08.2025.
7. So far as these petitioners are concerned, they are
members of the PACS and as the Naresh Prasad and Manju Lata
Pandey have undertaken to pay the entire amount of defalcated
money, the anticipatory bail application of the petitioners are
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allowed.
8. Learned APP for the State has vehemently opposed
the prayer for bail.
9. Accordingly, let the petitioners, above-named, in
the event of arrest or surrender within four weeks from today in
the Court below, be released on anticipatory bail on furnishing
bail bonds of Rs.10,000/- (Rupees ten thousand) each with two
sureties of the like amount each to the satisfaction of learned
Chief Judicial Magistrate, Sheikhpura/concerned Court below,
in connection with Kusumbha P.S. Case No. 64 of 2024, subject
to the conditions as laid down under Section 438(2) of the Code
of Criminal Procedure/ Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Ranjeet/-
U T
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