Patna High Court
Ajeet Kumar @ Ajit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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 An earlier anticipatory bail application had been withdrawn.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
- Indian Penal Code — s. 409, 420
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
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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
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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
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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
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