Patna High Court
Dinesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that the petitioner is entitled to bail, subject to a bond and sureties, because the alleged loss has been repaid and a co-accused has already been granted anticipatory bail.
Summary
The petitioner, Dinesh Kumar, manager of a primary agricultural credit society, was implicated in a case alleging embezzlement of 844.50 quintals of paddy worth Rs.18,64,656. He contended that he did not partake in the misappropriation and that the alleged amount, with interest, had already been deposited in a bank by all accused, including himself. The prosecution opposed his bail, but the court noted that a co-accused had already been granted anticipatory bail and that the repayment of the alleged loss mitigated the risk of flight or tampering. Relying on these facts and the provisions of the Bharatiya Nagarik Suraksha Sanhita, the court ordered bail on the condition of a bond and sureties. The order was made subject to Section 482(2) of the BNSS, allowing the lower court to continue the trial.
Issues considered
- Whether the petitioner is entitled to anticipatory bail/bail given the repayment of the alleged embezzled amount
- Whether the grant of bail to a co-accused influences the bail decision for the petitioner
- Whether the conditions under Section 482(2) of the BNSS justify granting bail in this case
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — s. 318(4), 336(3), 338, 3(5), 482(2)
- Essential Commodities Act — s. 7
Subjects
- anticipatory bail
- bail
- embezzlement
- agricultural credit society
- BNSS
- Essential Commodities Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69325 of 2025
Arising Out of PS. Case No.-100 Year-2024 Thana- SIWAIPATTI District- Muzaffarpur
======================================================
Dinesh Kumar son of Yugal Kishore Prasad Gupta Resident of village-
siwaipatti, P.O- siwaipatti, Sub Dist- Minapur, District- Muzaffarpur, Bihar-
843128. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Govind Raj Shahi, Advocate
Mr. Mayank Mohan, Advocate
For the State : Mr. Parmeshwar Mehta, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for
the State.
2. The petitioner apprehends his arrest in a case registered for the
offences punishable under Sections 338, 336 (3), 318 (4) and 3 (5)
of the B.N.S. and Section 7 of the E.C. Act.
3. The case of the prosecution relates to embezzlement of 844.50
quintals of paddy amounting to Rs.18,64,656/- during the Kharif
season of the year 2023-24 by the accused persons including the
petitioner.
4. It is submitted by learned counsel for the petitioner that the
petitioner happens to be the Manager of the Belahilachhi Primary
Agricultural Credit Societies (PACS) and did not indulge in any
kind of embezzlement and further bona fide has been shown by the
fact that the alleged misappropriated amount has been deposited
Patna High Court CR. MISC. No.69325 of 2025(4) dt.21-01-2026
2/2
with the bank along with the interest to the tune of Rs.20,80,848/-
by all the accused persons including the present petitioner. It is also
submitted that considering such submissions one co-accused, Manoj
Kumar Singh, who was Chairman of the PACS, has already been
granted the privilege of anticipatory bail by a coordinate Bench of
this Court vide order dated 17.11.2025 passed in Cr. Misc.
No.74544 of 2025.
5. Learned APP for the State opposed the prayer for bail.
6. Taking into consideration the facts and circumstances of the
case and also considering the fact that the payment of embezzled
amount has already been made and no dues certificate has also been
issued in favour of the petitioner in this regard coupled with the fact
that the co-accused of this case has already been granted the
privilege of anticipatory bail and the case of the petitioner stands on
similar footing, let the above named petitioner, be released on bail, in
the event of his 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) with two sureties of the like
amount each to the satisfaction of the learned Court below where the
case is pending/successor Court in connection with Siwaipatti P.S.
Case No.100 of 2024, subject to the condition as laid down under
Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita (BNSS),
2023.
(Soni Shrivastava, J)
Trivedi/-
U T
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