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Patna High Court

Rakesh Kumar @ Rakesh SinghversusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional bail to the petitioners, subject to a bond and the condition of depositing the defalcated amount and producing proof within three months.

Summary

The petitioners, seven residents of Pinjari village, were named in a FIR for alleged defalcation of Rs 1,54,25,794 relating to 6,634.75 quintals of paddy, charged under Sections 316(5), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. They applied for bail, asserting innocence, a clean criminal record, and that a portion of the amount had already been deposited by the President of Pinjri PACS, seeking two months to deposit the balance. The State opposed the bail. The High Court, applying Section 2(1)(d) and Section 482(2) of the BNSS, 2023, granted provisional bail to each petitioner on a bond of Rs 30,000, subject to the condition that they produce proof of full deposit of the defalcated amount within three months, failing which bail would be cancelled. The bail application was disposed with the provisional bail order.

Issues considered

  • Whether the accused are entitled to provisional bail under the Bharatiya Nyaya Sanhita, 2023 in a defalcation case.
  • Whether bail can be conditioned on the deposit of the alleged defalcated amount and production of supporting documents.
  • Whether the requirements of Section 2(1)(d) and Section 482(2) of the BNSS, 2023 are satisfied.

Legislation cited

Subjects

  • bail
  • provisional bail
  • defalcation
  • agricultural fraud
  • Bharatiya Nyaya Sanhita
  • Section 482
  • Section 2(1)(d)
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7433 of 2026
                    Arising Out of PS. Case No.-167 Year-2025 Thana- BARBIGHA District- Sheikhpura
                 ======================================================
           1.     Rakesh Kumar @ Rakesh Singh S/O Surendra Singh Resident of vill.-
                  Pinjari, P.S.- Barbigha, Dist.- Sheikhpura, Bihar
           2.    Paro Devi W/O Lagan Bind Resident of vill.- Pinjari, P.S.- Barbigha, Dist.-
                 Sheikhpura, Bihar
           3.    Soni Devi W/O Abhishek Kumar Resident of vill.- Pinjari, P.S.- Barbigha,
                 Dist.- Sheikhpura, Bihar
           4.    Nagina Paswan S/O Muthli Paswan Resident of vill.- Pinjari, P.S.- Barbigha,
                 Dist.- Sheikhpura, Bihar
           5.    Mamta Devi W/O Balram Singh Resident of vill.- Pinjari, P.S.- Barbigha,
                 Dist.- Sheikhpura, Bihar
           6.    Umesh Yadav S/O Binda Yadav Resident of vill.- Pinjari, P.S.- Barbigha,
                 Dist.- Sheikhpura, Bihar
           7.    Tuntun Kumar S/O Jiyantar Singh Resident of vill.- Pinjari, P.S.- Barbigha,
                 Dist.- Sheikhpura, Bihar

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State Of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Kumari Anupam, Advocate
                 For the Opposite Party/s :       Mr. Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

4   22-04-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners are apprehending arrest in

                   connection with Barbigha P.S. Case No. 167 of 2025, filed on

                   09.09.2025, for the offences punishable under Sections 316(5),

                   318(4) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution, an FIR has been lodged
Patna High Court CR. MISC. No.7433 of 2026(4) dt.22-04-2026
                                            2/3




          against 11 named accused persons, including the present

          petitioners. An allegation of defalcation of Rs. 1,54,25,794/-

          (Rupees One Crore Fifty Four Lakh Twenty Five Thousand

          Seven Hundred Ninety Four) has been made towards the

          defalcated quantity of paddy, i.e., 6634.75 quintals.

                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have committed no offence.

          Counsel further submits that they are making every effort to

          deposit the same and seeks two months’ time from this Court,

          stating that within two months the said amount shall be

          deposited. Counsel further submits that, out of the said amount,

          a certain portion has already been deposited by the President of

          Pinjri PACS, namely, Nirmala Devi. Counsel also submits that

          the criminal antecedents of the petitioners are clean.

                       5. Learned APP for the State vehemently opposes the

          prayer for bail.

                       6. In the facts and circumstances of the case, let the

          petitioners above named be released on provisional bail, in the

          event of his arrest or surrender before the Trial Court within the

          period of four weeks, on furnishing a bail bond of ₹30,000/-

          (Rupees Thirty Thousand Only) each in terms of Section 2(1)(d)

          of the BNSS, 2023, to the satisfaction of the Chief Judicial
          Patna High Court CR. MISC. No.7433 of 2026(4) dt.22-04-2026
                                                      3/3




                    Magistrate, Sheikhpura, in connection with Barbigha P.S. Case

                    No. 167 of 2025, subject to the conditions laid down under

                    Section 482(2) of the BNSS, 2023 with further condition:-

                                            “The provisional bail shall be confirmed
                                            within three months thereafter only if the
                                            accused are in a position to produce
                                            documents before the Trial Court showing
                                            that the said defalcated amount, i.e., Rs.
                                            1,54,25,794/- (Rupees One Crore Fifty Four
                                            Lakh Twenty Five Thousand Seven Hundred
                                            Ninety Four) has been deposited before the
                                            concerned authority. After verifying the said
                                            documents and also verifying that some
                                            portion has already been deposited, the Trial
                                            Court shall confirm the provisional bail of
                                            the petitioners. In case of failure to comply
                                            with the above condition, the provisional bail
                                            granted to the petitioners by this Court shall
                                            be cancelled.”

                                 7. Accordingly, the present bail application is hereby

                    disposed of.



                                                                        (Dr. Anshuman, J.)

Aman Kumar/-

U     T


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