Patna High Court
Rakesh Kumar @ Rakesh SinghversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ANSHUMAN
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
- Bharatiya Nyaya Sanhita, 2023 — s. 2(1)(d), 316(5), 318(4), 3(5), 482(2)
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
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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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