Patna High Court
Manoranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner subject to a bond of Rs 10,000, two sureties and the condition that bail may be cancelled if the informant raises suspicion about the No‑Dues Certificate.
Summary
Manoranjan Kumar, chairman of Mathai PACS, was arrested in a case alleging misappropriation of paddy procured under the Bihar State Food Corporation scheme and charged under IPC sections 420, 467, 468 and 471. The prosecution claimed that only part of the procured paddy was supplied to the corporation and the remainder was sold on the black market. The petitioner contended that the alleged offence pertained to a period before he became chairman and that a No‑Dues Certificate issued to Mathai PACS for the 2024‑25 procurement showed that no amount was outstanding. The court examined the No‑Dues Certificate and the petitioner’s clean criminal record. Relying on the certificate and the absence of any proven misappropriation, the court considered the bail provisions under Cr.P.C. and the B.N.S.S. The court ordered bail on a bond of Rs 10,000 with two sureties, subject to cancellation if the informant later raises suspicion about the certificate. The order was made by Justice Soni Shrivastava.
Issues considered
- Whether the petitioner is liable for the offences under IPC sections 420, 467, 468 and 471 alleged to arise from the paddy procurement.
- Whether bail should be granted in view of the No‑Dues Certificate, the petitioner’s lack of criminal antecedents, and the provisions of Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 420, 467, 468, 471
Subjects
- bail
- misappropriation
- paddy procurement
- No Dues Certificate
- IPC sections 420 467 468 471
- Cr.P.C. Section 438
- B.N.S.S. Section 482
- cooperative society
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7387 of 2026
Arising Out of PS. Case No.-916 Year-2025 Thana- MADHEPURA District- Madhepura
======================================================
Manoranjan Kumar S/o- Raj Kishor Yadav Resident of village- Dubiyahi
Ward No 8 PO- Mathahi PS- Madhepura Dist- Madhepura
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Bihar State Food Corporation through its General Manager, Bihar
3. Jay Shankar Prasad S/o- Late Kripa Shankar Prasad R/v- W.No- 19,
Ambedkar Road Ps- Nawgachhiya Dist- Bhagalpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rupesh Kumar
Mrs. Laxmi Kumari
For the State : Mr. Nirmal Kumar Sinha
For BSFC Mr. Shailendra Kumar Singh
Mr. Utkarsh Utpal
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner, learned
Additional Public Prosecutor for the State and learned counsel
for the B.S.F.C.
2. The petitioner is apprehending his arrest in a case
registered for the offence punishable under Sections 420, 467,
468, 471 of the Indian Penal Code.
3. Allegation against the petitioner, who is the
chairman of Mathai PACS, is that he purchased a total 3844.00
Qutls. Paddy from the farmer in the year 2024-25 and only 2320
Qutls of CMR was supplied to the Bihar State Food Corporation
and the rest 466.30 Qutls. of paddy worth Rs. 10,84147.50 was
misappropriated by black marketing.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.7387 of 2026(2) dt.04-02-2026
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petitioner is the chairman of the PACS and has not committed
any criminal act and the matter relates prior to he being the
chairman of the said PACS. However, it would appear that the
last day for payment was 14.09.2025 as would be evident from
Annexure-P/3 and Annexure-P/2 series would go show that
there is No Dues Certificate in favour of Mathai PACS as
against paddy procurement in the financial year 2024-25. As
such, it has been submitted that no offence of criminal
misappropriation would be made out against the present
petitioner.
5. Learned counsel for the B.S.F.C. submits that the
submission of payment of the said amount should be subjected
to verification by the informant who is the District Co-perative
Extension Officer, Madhepura.
6. Taking into consideration the facts and
circumstances and also considering the document relating to No
Dues Certificate issued in favour of mathai pacs coupled with
the fact that the petitioner has no criminal antecedent, let the
above named petitioner, in the event of his arrest or surrender
before the learned court below within a period of four weeks
from today, be enlarged on bail on furnishing bail bond of
rs.10,000/- (rupees ten thousand) with two sureties of the like
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amount each to the satisfaction of the learned court below where
the case is pending/successor court in connection with
madhepura p.s. Case No. 916 of 2025, subject to the condition
as laid down under Section 438 (2) of the Cr.P.C./482(2) of the
B.N.S.S.
7. However, if any suspicion is raised with regard
to the document dated 22.10.2025, which is no dues certificate,
by the informant, who is the District Cooperative Officer,
Madhepura, he would be at liberty to file an application for
cancellation of bail.
(Soni Shrivastava, J)
devendra/-
U T
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