Patna High Court
Anandi YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted provisional anticipatory bail to the petitioners subject to specified monetary and procedural conditions.
Summary
The petitioners, Anandi Yadav and Archana Kumari, sought anticipatory bail in a case alleging misappropriation of Rs 67,70,400 of government funds related to 2912 quintals of paddy. They denied any offence but were willing to deposit the alleged amount, which the opposite party did not contest. The Court, without examining the merits, granted provisional bail on the condition that each petitioner furnish a bail‑bond of Rs 10,000 with two sureties and deposit Rs 5,00,000 by demand draft immediately. The balance of Rs 62,70,400 must be paid in eight equal installments over two years, failing which the bail may be cancelled. The bail is to be confirmed by the lower court upon full compliance with the payment schedule, and the order is made under Section 482 of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail can be granted in the present case under Section 482 of the B.N.S.S., 2023.
- What conditions may be imposed on anticipatory bail to ensure compliance with the alleged financial liability.
Legislation cited
- B.N.S., 2023 — s. 316(5), 318(4), 3(5), 482
Subjects
- anticipatory bail
- provisional bail
- misappropriation of government funds
- Section 316
- Section 318
- B.N.S. 2023
- Bihar State Food and Civil Supplies Corporation
- Jamui
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8046 of 2026
Arising Out of PS. Case No.-520 Year-2025 Thana- JAMUI District- Jamui
======================================================
1. Anandi Yadav Son of Ato Yadav Resident of Village-Lakhanpur, Ps and
Dist- Jamui
2. Archana Kumari Wife of Ajay Yadav @ Ajay Kumar Yadav Resident of
Village-Lakhanpur, Ps and Dist- Jamui
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Bihar State Food and Civil Supplies Corporation Ltd. Through the
Senior Co-operative Extenstion The Bihar State Food and Civil Supplies
Corporation Ltd. Through the Senior Co-operative Extenstion officer, Jamui
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anwar Karim, Adv.
For the Opposite Party/s : Mr. Kalyan Shankar, APP
Mr. Niraj Kumar, Adv. For BSFC
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioners, State and
opposite party no. 2/B.S.F.C.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 316(5), 318(4), 3(5) of
the B.N.S., 2023.
3. It is alleged that petitioner no. 1, who is Chairman
PACS, Lakhanpur and petitioner no. 2 is PACS Manager
misappropriated government money to the tune of Rs.
67,70,400/- (Sixty seven lakhs seventy thousand four hundred)
of 2912 quintal paddy.
Patna High Court CR. MISC. No.8046 of 2026(2) dt.24-02-2026
2/3
4. Learned counsel for the petitioners submits that
petitioners are quite innocent and have committed no offence.
However, without admitting the allegation made in the F.I.R., by
filing supplementary affidavit, learned counsel for the
petitioners submits that petitioners are ready to deposit the
alleged money, for which, learned counsel for the opposite party
no. 2 does not oppose.
5. Considering the aforesaid facts and circumstances,
let the above named petitioners, in the event of their
arrest/surrender within a period of eight weeks from today, be
enlarged on provisional bail on furnishing bail-bonds of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Jamui in connection with Jamui P.S. Case No. 520
of 2025, subject to condition as laid down under Section 482 of
the B.N.S.S. with further following conditions:
“(A) At the time of furnishing bail-bond, the
petitioners shall deposit of Rs. 5,00,000/- (five
lakhs) through demand draft in the office of
District Manager, State Food Corporation,
Jamui/concerned office and receipt of the same
shall be furnished alongwith bail-bonds.
(B) Rest amount i.e. Rs. 62,70,400/- (Sixty
two lakhs seventy thousand four hundred) shall be
Patna High Court CR. MISC. No.8046 of 2026(2) dt.24-02-2026
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deposited in the said office within a period of two
years, in eight equal installment, from the date of
furnishing bail-bonds.
(C) If petitioners fail to comply the direction
of this Court, the learned Court below would be at
liberty to cancel the bail-bonds of petitioners.”
6. It is made clear that provisional bail, granted to
these petitioners, shall be confirmed by the learned Court below
after payment of aforesaid amount by these petitioners within
prescribed time.
7. This order has been passed, without going into the
merit of the case, only for the purpose of considering the prayer
for anticipatory bail of these petitioners.
(Prabhat Kumar Singh, J)
anay
U T
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