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Patna High Court

Dinesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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