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Patna High Court

Arbind Yadav @ Arvind Yadav @ Arvind DevversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner.

Summary

Arbind Yadav, a member of the managing committee of Ahiro PACS, was arrested in connection with an alleged embezzlement of food grains worth Rs. 29,23,392 and charged under several sections of the B.N.S. He applied for bail, claiming innocence and no role in the transaction, while the State and the Bihar State Food Corporation opposed the bail. The court examined the general and omnibus nature of the accusations, the petitioner’s clean antecedents, and the period of custody. Considering these factors, the court found no compelling reason to deny bail. Consequently, the petitioner was released on bail upon furnishing a bail bond of Rs. 10,000 with two sureties of the same amount. The order was pronounced by Justice Prabhat Kumar Singh.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the charges under the B.N.S.
  • Whether the allegations constitute a non‑bailable offence warranting continued detention

Legislation cited

  • B.N.S. — s. 316(5), 318(4), 328, 336(3), 340(2), 3(5)

Subjects

  • bail
  • embezzlement
  • food grains
  • managing committee
  • criminal procedure
  • B.N.S. sections
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76725 of 2025

                      Arising Out of PS. Case No.-361 Year-2024 Thana- DHORAIYA District- Banka
                 ======================================================
                 Arbind Yadav @ Arvind Yadav @ Arvind Dev S/o- Late Rameshwar Yadav
                 Village- Jagankitta, Police Station- Dhoraiya, District-Banka

                                                                                  ... ... Petitioner/s
                                                       Versus

           1.    The State of Bihar
           2.    The Manager, Bihar State Food Corporation, Banka Bihar
           3.    The Senior Co-operative Extension Officer, Dhoraiya, Banka

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Ajay Mukherjee, Advocate
                 For the State           :        Mr. Rajendra Nath Jha, APP
                 For the B.S.F.C.        :        Mr. Nirmal Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   30-01-2026                  Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel appearing on behalf of

                   the B.S.F.C..

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections 316(5), 318(4), 328, 336(3),

                   340(2) and 3(5) of the B.N.S..

                                3. As per prosecution case, this petitioner is Member

                   of the Managing Committee of Ahiro PACS which is alleged to

                   have embezzled food grains worth Rs. 29,23,392/-.

                                4. It is submitted by learned counsel for the petitioner
Patna High Court CR. MISC. No.76725 of 2025(3) dt.30-01-2026
                                            2/3




          that petitioner is quite innocent and has committed no offence.

          Petitioner has falsely been implicated in this case merely

          because he happens to be Member of the Managing Committee

          of Ahiro PACS. As a matter of fact, the entire transaction of

          purchase and supply of food grains was done by the Chairman

          and Manager of the Managing Committee of Ahiro PACS and

          petitioner has got no role to play in the alleged offence.

          Moreover, charge-sheet has already been submitted and

          petitioner, having no criminal antecedents, is in custody since

          13.08.2025.

                       5. Learned A.P.P. for the State and learned counsel

          appearing on behalf of the B.S.F.C. have vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, period of

          custody and clean antecedents of the petitioner, the prayer for

          grant bail of to the petitioner is allowed.

                       7. Accordingly, let the above named petitioner be

          released on bail on furnishing bail-bond of Rs. 10,000/- (ten

          thousand) with two sureties of the like amount each to the

          satisfaction of learned Chief Judicial Magistrate, Banka in
             Patna High Court CR. MISC. No.76725 of 2025(3) dt.30-01-2026
                                                         3/3




                       connection with Dhoraiya P.S. Case No. 361 of 2024.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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