Patna High Court
Anil Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court modified the earlier order, correcting the bank name for payment, extending the surrender period by six weeks, and reaffirming the bail conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioners sought modification of an earlier order dated 16-07-2025 which contained an inadvertent error regarding the bank to which the defalcated amount was to be paid, and they also requested an extension of the period to surrender. The court examined the petition and found merit in correcting the operative part of the order to direct payment to the Motihari Central Co-operative Bank, Branch‑Chakia, and to extend the surrender period by six weeks. The court also reiterated the bail conditions, including a bail bond of Rs.10,000 with two sureties and the requirement to pay the alleged defalcated amount of Rs.56,56,896 in six equal installments. The court ordered that a receipt of the first installment be produced at the time of furnishing the bail bond and warned that failure to comply would lead to cancellation of bail. Consequently, the modification petition was allowed, and the earlier order was amended accordingly.
Issues considered
- Whether the operative part of the order dated 16-07-2025 can be corrected to specify the correct bank for payment of the defalcated amount
- Whether the period for surrender and furnishing bail bond can be extended
- Whether the bail conditions under Section 482(2) of the B.N.S.S. are applicable
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- bail
- modification of order
- defalcated amount
- correction of operative part
- extension of surrender period
- Section 482
- Bihar State Food Corporation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77369 of 2025
In
CRIMINAL MISCELLANEOUS No.24789 of 2025
Arising Out of PS. Case No.-222 Year-2024 Thana- PIPRA District- East Champaran
======================================================
1. Anil Kumar Singh S/o- Ramji singh Resident of village-jamuniya Ps- Pipra
Dist- East Champaran
2. Bhola Kumar S/o- Late Arvind Singh R/v- Mahadichak Maner Ps- Bihta
Dist- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Bihar State Food Corporation Ltd. Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Abhishek Kumar, Advocate
For the State : Mr. Nagendra Prasad, APP
For the B.S.F.C. : Mr. Shailendra Kumar Singh, Advocate
Mr. Utkarsha Utpal, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 09-01-2026 Heard learned counsel appearing on behalf of the
petitioners, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the B.S.F.C..
2. This petition has been filed for modification of
order dated 16.07.2025 passed in Cr. Misc. No. 24789 of 2025
by this Court to the extent of correction in the operative part of
the aforesaid order and for extension of period to surrender.
3. It is submitted by learned counsel for the petitioners
that due to inadvertent error, in the operative part of the
aforesaid order dated 16.07.2025, it has been directed that the
Patna High Court CR. MISC. No.77369 of 2025(3) dt.09-01-2026
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alleged defalcated amount shall be paid by the petitioner in easy
installments through demand draft in favour of the “Office of
the District Manager, Bihar State Food Corporation, Patna”
instead of “Motihari Central Cooperative Bank, Branch-
Chakia”. Accordingly, learned counsel for the petitioners
requests for necessary correction in the order.
4. In view of reasons assigned in the petition and
aforesaid submission of learned counsel appearing on behalf of
the petitioner, let Paragraph No. 6 of the order dated 16.07.2025
passed in Cr. Misc. No. 24789 of 2025 be read as follows:-
“6. Accordingly, in the event of arrest/surrender
within a period of eight weeks from today, let the above
named petitioners be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) each with two
sureties of the like amount each to the satisfaction of
learned Sub-Divisional Judicial Magistrate, East
Champaran at Motihari in connection with Pipra P.S. Case
No. 222 of 2024, subject to conditions as laid down under
Section 482(2) of the B.N.S.S., along with the following
terms and conditions:
A. Petitioners shall pay the alleged defalcated
amount amounting to Rs. 56,56,896/-
(Rupees fifty six lacs fifty six thousand eight
hundred ninety six only) in 6 equal
installments amounting to Rs. 9,42,816/-
(Rupees nine lacs forty two thousand eight
Patna High Court CR. MISC. No.77369 of 2025(3) dt.09-01-2026
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hundred sixteen) each within a period of one
year from the date of furnishing bail-bond
through demand draft in the Motihari Central
Co-operative Bank, Branch- Chakia.
B. A receipt of payment of first installment
shall be furnished at the time of furnishing
bail bond.
C. If petitioners fail to comply the aforesaid
direction of this Court, the Court below is
free to cancel the bail-bond of the
petitioners.”
5. Accordingly, further six weeks’ time from today is
granted to the petitioners to surrender and furnish bail-bond
before the concerned Court where the case is pending.
6. With the aforesaid directions, order dated
16.07.2025 passed in Cr. Misc. No. 24789 of 2025 is modified to
the above extent and this modification petition is allowed.
(Prabhat Kumar Singh, J)
shashank/-
U T
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