Created by Fuzzy Cloud

Patna High Court

Ajeet Kumar @ Ajit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court inclined to grant bail to the petitioner, subject to specified conditions.

Summary

The petitioner, Ajeet Kumar, a lower‑division clerk at Bihar State Seeds Corporation, was charged under Sections 420 and 409 of the Indian Penal Code for alleged shortage of seed quantity and excess payment to farmers. He claims the discrepancy arose from a mechanical or human error in data entry, without any malafide intent, and that he had reported the issue and initiated recovery, which was later halted after his suspension. An earlier anticipatory bail application had been withdrawn. The petitioner had been in judicial custody since July 2024 and has eight prior criminal antecedents. The State opposed bail, but the Court, considering the length of custody, the alleged lack of intent, and the circumstances, decided to grant bail subject to strict conditions. The bail order requires a bond of Rs. 15,000 with two sureties, compliance with procedural conditions, and non‑tampering with evidence or witnesses.

Issues considered

  • Whether bail should be granted to an accused charged with cheating and criminal breach of trust under Sections 420 and 409 IPC, considering the custody period, prior antecedents, and alleged lack of malafide intent.

Legislation cited

Subjects

  • bail
  • anticipatory bail
  • cheating
  • criminal breach of trust
  • IPC 420
  • IPC 409
  • seed corporation fraud
  • mechanical error
  • judicial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80328 of 2025
                         Arising Out of PS. Case No.-33 Year-2023 Thana- BUXAR District- Buxar
                 ======================================================
                 Ajeet Kumar @ Ajit Kumar Son of Lt. Ashok Kumar Incharge of Bihar State
                 Seeds Corporation Buxar(At present as Judicial custody), Resident Of
                 Mohalla, Road No. 4, Rewa Road, Sir Ganash Dutt Nagar, Bhagwanpur, P.S. -
                 Bhagwanpur(Sadar), Dist. - Muzaffarpur.
                                                                           ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Krishna Prasad Singh, Sr. Advocate
                                                  Mr. Shankar Dayal Singh, Advocate
                 For the Opposite Party/s :       Mr. Nityanand Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

4   13-03-2026                          Heard Mr. Krishna Prasad Singh, learned senior

                   counsel for the petitioner, Mr. Nityanand Tiwary, learned APP

                   for the State and perused the case diary.

                                 2. The petitioner seeks bail in connection with Buxar

                   (Town) P.S. Case No. 33 of 2023, instituted for the offences

                   punishable under Sections 420, 409 of the Indian Penal Code.

                                 3. Earlier, anticipatory bail of the petitioner was

                   dismissed as withdrawn by a co-ordinate Bench of this Court

                   vide order dated 26.06.2024 passed in Cr. Misc. No. 48683 of

                   2023.

                                 4. The prosecution case, in short, is that the petitioner

                   while posted as Lower Division Clerk-cum-I/c at the Collection
Patna High Court CR. MISC. No.80328 of 2025(4) dt.13-03-2026
                                            2/4




          Centre of Buxar and Ara, Bihar State Seed Corporation, made

          payment for 21,314.51 quintals of raw seeds, whereas only

          15,950 quintals were sent to the Processing Centre, resulting in

          a shortage of 5,363.95 quintals and also made excess payment

          of Rs. 1,08,08,196.80/- out of which Rs. 35,82,000/- has been

          recovered till 21.12.2022, while Rs. 72,26,196.80/- has not been

          recovered.

                       5. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in the

          present case. Charge-sheet has been submitted in this case and

          cognizance has also been taken by the learned Court below.

          Learned counsel for the petitioner also submits that the

          petitioner     is   Lower       Divisional       Clerk-cum-I/c   of   Seed

          Corporation and due to mistake or mechanical fault, extra

          quantity of seed grains were entered into the App Data by the

          petitioner which resulted in excess payment to the farmers. It is

          next submitted that some extra payment was done to the farmers

          regarding which he has informed his superior officials and

          started recovery process during which Rs. 32,82,000/- has been

          recovered and the same has been credited in the bank account of

          corporation but in the meantime, the petitioner was suspended

          by the corporation which resulted in complete stoppage of the
Patna High Court CR. MISC. No.80328 of 2025(4) dt.13-03-2026
                                            3/4




          recovery process. It is further submitted that there was not

          malafide intention of the petitioner rather due to human error,

          mechanical fault or incorrect cross-checking by the higher

          officials, the alleged incident has occurred. The petitioner is in

          custody since 23.07.2024 and has got eight criminal

          antecedents.

                       6. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       7. Considering the aforesaid facts and circumstances

          of the case and taking into account the period of custody

          undergone by the petitioner, this Court is inclined to grant bail

          to the petitioner.

                       8. Let the petitioner be released on bail after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the

          like amount each to the satisfaction of Court below/concerned

          Court in connection with Buxar (Town) P.S. Case No. 33 of

          2023, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial and shall not remain absent on two consecutive
             Patna High Court CR. MISC. No.80328 of 2025(4) dt.13-03-2026
                                                         4/4




                       dates without sufficient cause.

                                     (III) The petitioner will not tamper with the evidence

                       or the witnesses during the trial.

                                     (IV) Petitioner shall not commit offence of similar

                       nature in future.

                                     (V) The petitioner shall not leave the territorial

                       jurisdiction of the learned Court below without taking prior

                       permission of the Court concerned.

                                     If any of the above conditions are violated, the Trial

                       Court shall be at liberty to cancel the bail bonds of the

                       petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.