Patna High Court
Uplendu RajkumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioner subject to surrender, bond and surety conditions.
Summary
The petitioner, Uplendu Rajkumar, applied for anticipatory bail fearing arrest in a case (PS No.400 of 2025) alleging offences under Sections 316(2), 316(5) and 318(3) of the B.N.S. The prosecution alleges that the PACS Chairman defrauded Rs.33,73,830, implicating the petitioner as the manager of the PACS. The petitioner contended that he is innocent, has no criminal antecedent, and that a certificate from the Bihar State Cooperative Bank shows that the alleged amount has been deposited and there are no outstanding dues. The State opposed the bail application. After hearing both sides, the Court decided to enlarge the petitioner on bail, directing him to surrender within four weeks and to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the allegations of offences under Sections 316(2), 316(5) and 318(3) of the B.N.S.
- Whether the conditions prescribed under Section 482(2) of the B.N.S.S. are satisfied for granting bail
Legislation cited
Subjects
- anticipatory bail
- defalcation
- cooperative bank
- criminal antecedent
- Section 316
- Section 318
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7477 of 2026
Arising Out of PS. Case No.-400 Year-2025 Thana- BIHARIGANJ District- Madhepura
======================================================
Uplendu Rajkumar S/o Virendra Mehta R/o Village - Shekhpura, ward No.
08, P.S - Bihariganj, District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Kumar Suman, Advocate
For the Opposite Party/s : Mrs. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The instant application for anticipatory bail has been
filed by the petitioner apprehending his arrest in connection with
Bihariganj P.S. Case No. 400 of 2025 instituted for the offence
under Sections 316(2), 316(5) and 318(3) of B.N.S.
3. The case of the prosecution is that Sheikhpura PACS
Chairman has defalcated to the tune of Rs. 33,73,830/- (thirty
three lakhs seventy-three thousand eight hundred thirty rupees)
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has falsely been implicated in this
case. Learned counsel has submitted that petitioner is manage of
that PACS. He has also submitted that from perusal of the
Patna High Court CR. MISC. No.7477 of 2026(2) dt.09-02-2026
2/2
Annexure-P/2 it will transpire that Bihar State Cooperative Bank
Limited has given a certificate that this is to certify that there is
no any outstanding against in paddy procurement F/Y 2024-25 in
cash credit account. It goes to show that he has deposited all the
defalcated amount and the certificate is issued by the concerned
thereafter. Petitioner is having no criminal antecedent.
5. In contra, learned APP appearing for the State has
opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this Court
is inclined to enlarge the petitioner on bail. The petitioner is
directed to surrender in the Court below within a period of four
weeks from today and in the event of his arrest or surrender in
connection with Bihariganj P.S. Case No. 400 of 2025, he will be
enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees
ten thousand) with two sureties of the like amount each to the
satisfaction of learned S.D.J.M., Udakishunganj, Madhepura
subject to the conditions as laid down under section 482(2) of
B.N.S.S.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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