Patna High Court
Anita DeviversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court refused to grant bail to the petitioner, holding that the circumstances did not warrant release.
Summary
Anita Devi, a resident of Pakadiya village, was arrested on 19 September 2025 in connection with a case of alleged black marketing of 2,381 quintals of paddy. The FIR, dated 1 October 2024, charges her under Sections 316(2), 316(5), 318(4) and 3(5) of the Bharatiya Nyay Sanhita, 2023, alleging that she, together with a PACS manager, sold the paddy in the open market and embezzled over Rs. 50 lakhs. The petitioner pleaded that she has a clean antecedent, was falsely implicated, and merely holds membership in the PACS with no role in the alleged offence. The State opposed bail, contending that the paddy was misappropriated from a godown and the accused have not paid the beneficiary. After considering the submissions and the seriousness of the economic offence, the Court declined to grant bail. Consequently, the petition for bail was refused.
Issues considered
- What is the appropriate decision on the petitioner's application for bail in the context of alleged black marketing and embezzlement under the Bharatiya Nyay Sanhita?
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 316(2), 316(5), 318(4), 3(5)
Subjects
- bail
- black marketing
- paddy
- economic offence
- Bharatiya Nyay Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80073 of 2025
Arising Out of PS. Case No.-384 Year-2024 Thana- NAWADA MUFFASIL District- Nawada
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Anita Devi Wife of Ajay Ram Resident of village - Pakadiya, P.S.- Muffasil,
District – Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
5 31-01-2026 Heard Mr. Ram Prawesh Kumar, learned counsel
for the petitioner and Mr. Shailendra Kumar, learned A.P.P. for
the State.
2. The petitioner seeks bail, who is in custody since
19.09.2025, in connection with Muffasil P.S. Case No. 384 of
2024, FIR dated 01.10.2024 registered for the offence under
Sections 316(2), 316(5), 318(4), 3(5) of Bharatiya Nyay
Sanhita, 2023.
3. Allegation against the petitioner is that she along
with Manager of PACS sold 2381 quintal of paddy in open
marekt for the purpose of black marketing.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent and she has
falsely been implicated in this case. He further submits that the
allegation as alleged in the F.I.R. is false and fabricated and the
Patna High Court CR. MISC. No.80073 of 2025(5) dt.31-01-2026
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petitioner has not committed any offences as alleged in the
F.I.R. He further submits that the petitioner is only PACS
member and she has no role at all in the present occurrence. The
petitioner is rotting in judicial custody since 19.09.2025.
5. Learned counsel A.P.P. for the State, on the other
hand has vehemently opposed the prayer for bail of the
petitioner and submits that altogether 2381 quintal of paddy was
misplaced from the godown and petitioner along with other co-
accused persons have sold out the paddy in question and they
have not paid the amount to the beneficiary and more than
Rs.50. Lakhs have been embezzled by the petitioner along with
other co-accused person.
6. Considering the facts and circumstances of the
case, I am not inclined to enlarge the petitioner on bail in
connection with Muffasil P.S. Case No. 384 of 2024 pending in
the Court of Chief Judicial Magistrate, Nawada.
7. Prayer is refused.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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