Patna High Court
Brijmohan Kumar @ Brajmohan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 316(2), 318(4)
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/-.
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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
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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
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