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Patna High Court

Uplendu RajkumarversusThe State of Bihar

Decided
Disposal
ALLOWED

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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