Patna High Court
Sanjay RayversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was not granted to the petitioners.
Summary
The petitioners, Sanjay Ray and Pratima Devi, who are respectively the Chairman and Manager of Ashok Nagar PACS, were implicated in an FIR alleging embezzlement of 1,411.80 quintals of paddy worth Rs. 31,17,254.40 under Sections 316(5) and 318(4) of the Bihar Naxal Suppression Act, 2023. Fearing arrest, they filed an application for anticipatory bail. The court examined the nature and seriousness of the alleged offence, noting the substantial loss and the role of the petitioners in the cooperative society. Considering these factors, the court concluded that granting anticipatory bail would be inappropriate. Consequently, the application for anticipatory bail was rejected, and the petition was dismissed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused of embezzlement under Sections 316(5) and 318(4) of the B.N.S., 2023
Subjects
- anticipatory bail
- em embezzlement
- cooperative society
- criminal procedure
- Bihar Naxal Suppression Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75147 of 2025
Arising Out of PS. Case No.-180 Year-2024 Thana- KOPA District- Saran
======================================================
1. Sanjay Ray Son of Ramnath Rai Resident of Village-Chaukhora, P.S.-Kopa,
District-Saran
2. Pratima Devi Wife of Sanjay Ray Resident of Village-Chaukhora, P.S.-Kopa,
District-Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Singh
For the Opposite Party/s : Mr.Anuj Kumar Shrivastava
Mr. Prashant Kumar, Adv.for Informant
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 28-01-2026 Heard learned counsel for the petitioners, learned
A.P.P for the State and learned counsel appearing on behalf of
informant.
2. The petitioners apprehend arrest in a case,
registered for offence punishable under Sections 316(5), 318(4)
of the B.N.S., 2023.
3. As per F.I.R., petitioner no. 1 is Chairman and
petitioner no. 2 is Manager of the Ashok Nagar PACS and they
are alleged to have embezzled 1411.80 quintals of paddy
amounting to Rs. 31,17,254.40 (Thirty one lakh seventeen
thousand two hundred fifty four and forty paise).
Patna High Court CR. MISC. No.75147 of 2025(3) dt.28-01-2026
2/2
4. Considering the nature of accusation, the prayer
for anticipatory bail of petitioners is rejected.
(Prabhat Kumar Singh, J)
anay/-
U T
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