Created by Fuzzy Cloud

Patna High Court

Brijmohan Kumar @ Brajmohan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Provisional bail is granted to the petitioners subject to the conditions specified by the Court.

Summary

The petitioners, Brijmohan Kumar and Aman Kumar, were charged under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita for allegedly misappropriating 1,170.25 quintals of paddy worth Rs 27,20,831.25. They applied for bail, asserting innocence and stating that Brijmohan had already deposited Rs 15,70,624.12, with the balance to be paid within three months. The State opposed the bail application. The Court, after hearing counsel, granted provisional bail for three months, subject to a bail bond of Rs 10,000 each and specific monetary deposits in the Sitamarhi Central Cooperative Bank. The bail is conditioned on the petitioners depositing Rs 2,50,207.13 immediately and the remaining Rs 9,00,000 in two equal installments, with the trial court to confirm bail upon full payment.

Issues considered

  • Whether bail should be granted to the accused in offences punishable under Sections 316(2) and 318(4) of the Bharatiya Nyaya Sanhita.
  • Whether the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are appropriate for provisional bail.

Legislation cited

Subjects

  • bail
  • provisional bail
  • misappropriation of paddy
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 316
  • Section 318
  • Section 482
  • cooperative bank

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83268 of 2025
                      Arising Out of PS. Case No.-340 Year-2025 Thana- SHEOHAR District- Sheohar
                 ======================================================
           1.     Brijmohan Kumar @ Brajmohan Kumar Son of Rajnarayan Sah Resident of
                  Village - Mirzapur Dhowahi, Post - Mathurapur, P.S.- Fatehpur, District -
                  Sheohar
           2.    Aman Kumar Son of Dharmendra Kumar Resident of Village - Mirzapur
                 Dhowahi, Post - Mathurapur, P.S.- Fatehpur, District - Sheohar

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Block Co-operative Extension Officer Block- Sheohar, Dist.- Sheohar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Devendra Kumar
                 For the Opposite Party/s :       Mr. Pramod Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   30-03-2026                    Despite valid service of notice, none appears on

                   behalf of the opposite party no. 2.

                                2. Heard learned counsel for the petitioners and the

                   State.

                                3. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 316(2), 318(4) of the

                   Bharatiya Nyaya Sanhita.

                                4. As per F.I.R., petitioner no. 1, who is Chairman of

                   Dhobahi PACS and petitioner no. 2, who is the Manager,

                   misappropriated 1170.25 quintals of paddy amounting to Rs.

                   Rs. 27,20,831.25/-.
Patna High Court CR. MISC. No.83268 of 2025(5) dt.30-03-2026
                                            2/3




                       5. Learned counsel for the petitioners submits that

          petitioners are innocent and have committed no offence. As a

          matter of fact, petitioner no. 1 has already deposited Rs.

          15,70,624.12/- out of total Rs. 27,20,831.25/- and the remaining

          amount i.e., Rs. 11,50,207.13/- will be deposited within the next

          three months.

                       6. Learned A.P.P. for the State vehemently opposed

          the bail application.

                       7. Considering the aforesaid contention made on

          behalf of the petitioners, provisional bail for a period of three

          months is granted to the petitioners from the date of furnishing

          bail bond.

                       8. Accordingly, let the above named petitioners in the

          event of their arrest/surrender before the court below within a

          period of eight weeks from today, be enlarged on bail on

          furnishing bail-bond of Rs. 10,000/- (ten thousand) each with

          two sureties of the like amount each to the satisfaction of

          learned Chief Judicial Magistrate, Sheohar in connection with

          Sheohar (Fatehpur) P. S. Case No. 340 of 2025, subject to

          conditions as laid down under Section 482(2) of the Bharatiya

          Nagarik Suraksha Sanhita, 2023 along with the following terms

          and conditions:

                                   “A.      Petitioners        shall   deposit   Rs.
              Patna High Court CR. MISC. No.83268 of 2025(5) dt.30-03-2026
                                                          3/3




                                     2,50,207.13/- (Rs. Two Lacs Fifty Thousand Two
                                     Hundred Seven and Thirteen Paise) through demand
                                     draft in the Sitamarhi Central Cooperative Bank Ltd.,
                                     Sheohar Main Branch and produce its receipt at the
                                     time of furnishing bail-bond.
                                                 B. Rest amount i.e. Rs. 9,00,000/- (Rupees
                                     Nine Lacs) shall be deposited through demand draft in
                                     the Sitamarhi Central Cooperative Bank Ltd., Sheohar
                                     Main Branch in 2 equal installments i.e., Rs.
                                     4,50,000/- (Rupees Four Lacs Fifty Thousand) each
                                     within a period of two months thereafter.
                                                 C. The aforesaid payment shall be subject
                                     to the final outcome of the case.
                                                 D. If petitioners fail to comply the aforesaid
                                     direction of this Court, the learned Trial Court is free
                                     to cancel the bail-bond of the petitioners.
                                                 E. The learned trial court shall confirm the
                                     provisional bail after being satisfied that the
                                     petitioners have paid the entire amount, as mentioned
                                     here-in-above.”



                                              (Prabhat Kumar Singh, J)
Navya/-

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.