Patna High Court
SK. Irshad Ali @ SK. Irsad Ali @ Irshad AliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, subject to bond, sureties and compliance with Section 438(2) CrPC conditions.
Summary
Irshad Ali, a foodgrain dealer, received 900 quintals under government schemes but distributed only 584.91 quintals, leading to an FIR under IPC sections 406, 420 and 120(B). He filed a writ petition to quash a demand letter and was directed to refund Rs.3,95,438, which he could not pay at the time and missed the court summons. In 2025 a non‑bailable warrant was issued, but the petitioner later deposited Rs.5,54,702 with interest in the SEGF account, as confirmed by the Programme Officer. He applied for anticipatory bail, and no counsel appeared for the State. The court, noting the deposit, lack of proven intent to misappropriate, and the petitioner’s cooperation, granted anticipatory bail subject to a bond, sureties and conditions under Section 438(2) of the CrPC. The order directs release on bail if arrested within four weeks, with conditions for attendance in trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the deposit made and the alleged offences under IPC sections 406, 420 and 120(B).
- Whether the conditions prescribed under Section 438(2) of the Code of Criminal Procedure are satisfied.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
- Indian Penal Code — s. 120(B), 406, 420
Subjects
- anticipatory bail
- criminal breach of trust
- cheating
- criminal conspiracy
- Section 438 CrPC
- IPC sections 406, 420, 120(B)
- foodgrain distribution scheme
- non‑bailable warrant
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87560 of 2025
Arising Out of PS. Case No.-111 Year-2011 Thana- MANIHARI District- Katihar
======================================================
SK. Irshad Ali @ SK. Irsad Ali @ Irshad Ali S/o- Late Mahmood Ali @
Mahood Ali @ SK Mahsood Ali R/v- Manihari Ps- Manihari Dist- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amarnath Singh, Advocate
Mr. Vinod Shanker Modi, Advocate
Mr. Manoj Kumar Singh, Advocate
For the State : None
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 06-04-2026 No-one appears for the State
2. Heard learned Counsel for the petitioner.
3. The petitioner apprehends his arrest in connection
with Manihari Police Station Case No. 111 of 2011 (GR Case No.
2210/2011), registered for the offences punishable under Sections
406, 420 and 120(B) of the Indian Penal Code.
4. As per the written report submitted by the Programme
Officer, Manihari, Katihar, the petitioner, being a dealer of
foodgrains, was given 900 quintals of foodgrains for distribution
under the Swarna Jayanti Gram Swarojgar Yojna and the National
Food for Work Programme. It is stated that the petitioner
distributed only 584.91 quintals of foodgrains, and the remaining
quantity of 315.09 quintals was not distributed. Accordingly, an
FIR was lodged against the petitioner on 12.08.2011.
5. Mr. Amarnath Singh, learned counsel for the
Patna High Court CR. MISC. No.87560 of 2025(4) dt.06-04-2026
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petitioner argued that there was no intention on part of the
petitioner to misappropriate the amount. The petitioner, for
resolution of the dispute between him and the State authority, filed
a writ petition bearing C.W.J.C. No. 17528 of 2011 for quashing
the demand letter dated 04.07.2011. However, Co-ordinate of
Bench of this Hon’ble Court, vide its order dated 17.11.2011
passed in the aforesaid writ application, directed the petitioner to
refund Rs. 3,95,438/-. Due to unavoidable circumstances, the
petitioner could not deposit the aforesaid amount in 2011 and also
did not receive the summons issued by the Court on 21.06.2011.
The petitioner came to know about the pendency of the criminal
case in July 2025, when a non-bailable warrant of arrest was
issued against him. A certificate case was also lodged by the
District Authority against the petitioner. However, the petitioner
ultimately deposited Rs. 5,54,702/- with interest in the SEGF
account bearing Account No. 61310273370 on 26.02.2026, and a
letter in this regard has been issued by the Programme Officer,
Manihari.
6. Considering the submissions made by learned
counsel for the petitioner and the letter of the Programme Officer
confirming the deposit of a sum of Rs. 5,54,702/- by the petitioner,
I am inclined to grant the petitioner the privilege of anticipatory
bail.
Patna High Court CR. MISC. No.87560 of 2025(4) dt.06-04-2026
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7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of his
arrest or surrender before the Court below within four weeks, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate-1st Class, Katihar, in
connection with Manihari Police Station Case No. 111 of 2011
(GR Case No. 2210/2011), subject to the condition laid down
under Section 438 (2) of the Code of Criminal Procedure as well
as the following condition:-
(i) The petitioner shall co-operate in the trial and shall
remain present before the trial court on each and every date
fixed by the court and in his absence on two consecutive dates
without sufficient reason his bail bonds shall be liable to be
cancelled.
(Anil Kumar Sinha, J)
Siwani/-
U T
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