Patna High Court
Rina DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted to the petitioner as no specific role in the alleged offence was established.
Summary
The petitioner, Rina Devi, a member of Kharanth PACS, was implicated in FIR No. 384 of 2024 alleging misappropriation of paddy purchased from 43 farmers, resulting in a loss of Rs. 52,57,248. The FIR was filed under Sections 316(2), 316(5), 318(4) and 3(5) of the Bihar Niyam (BNS) Act, 2023. The petitioner contended that she had no role in the purchase or supply of the paddy and was falsely implicated. The Court noted that no specific role was attributed to her and that similarly situated co‑accused had been granted anticipatory bail in a related case. Accordingly, the application for anticipatory bail was allowed, subject to a bail bond of Rs.10,000 with two sureties and compliance with the conditions of Section 482 of the BNS Act and Section 438(2) of the CrPC. The order directs that if arrested within six weeks, the petitioner be released on bail.
Issues considered
- Whether the petitioner can be arrested in connection with FIR No. 384 of 2024.
- Whether anticipatory bail should be granted to the petitioner under the BNS Act and CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
Subjects
- anticipatory bail
- false implication
- cooperative societies
- misappropriation of paddy
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82880 of 2025
Arising Out of PS. Case No.-384 Year-2024 Thana- NAWADA MUFFASIL District- Nawada
======================================================
Rina Devi W/o Arun Thakur R/o Village- Pakariya, P.S- Mufassil, Dist-
Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Man Mohan Kumar, Advocate
For the State : Mr.Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
6 13-03-2026 Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection
with Muffasil Police Station Case No. 384 of 2024 instituted
under Sections 316(2), 316(5), 318(4), 3(5) of the BNS, 2023.
3. The FIR lodged by Cooperative Extension Officer,
Nawada, alleges that in the financial year 2023-24, the
Chairman of the Kharanth PACS and Manager of the Kharanth
PACS purchased the crops from 43 farmers. The purchased
paddy from 43 farmers was having a total quantity of 5342
quintals but only supplied CMR 2030 against the total CMR
Patna High Court CR. MISC. No.82880 of 2025(6) dt.13-03-2026
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3668.09. The Chairman and Manager did not supply the CMR
against 2381 quintals of paddy, causing loss to the extent of Rs.
52,57,248/-.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case, having not
committed any offence in the manner alleged. The Manager as
well as the Chairman are authorized to deal with the paddy and
the petitioner, being the member of the PACS, do not have any
role in the purchase and supply of paddy/rice.
5. Considering the fact that no specific role has been
attributed to the petitioner, who is a lady and also the fact that
similarly situated co-accused persons have been enlarged on
anticipatory bail vide order dated 25.02.2026 passed by a co-
ordinate Bench in Cr. Misc. No. 66281 of 2025, this application
is allowed.
6. Accordingly, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner, above named, be released on bail upon furnishing
bail bonds of Rs.10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate, 1st, Nawada/ concerned Court in
connection with Muffasil P.S. Case No. 384 of 2024, subject to
Patna High Court CR. MISC. No.82880 of 2025(6) dt.13-03-2026
3/3
the conditions laid down in Section 482 of the BNSS/ 438(2) of
the Code of Criminal Procedure, 1973.
(Sandeep Kumar, J)
P. Kumar
U T
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