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Patna High Court

Anita DeviversusThe State of Bihar

Decided
Disposal
REJECTED

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

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
                 ======================================================
                 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
                                                        2/2




                      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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