Patna High Court
SUNIL TIWARI @ SUNIL KUMAR TIWARIversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted bail to the petitioners subject to a bond of Rs.10,000 and two sureties, under the conditions of section 482(2) of the BNSS.
Summary
The petitioners, Sunil Tiwari and Harishankar Tiwari, sought bail after being arrested in a case alleging misappropriation of paddy procurement funds under sections 318(2) and 316(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The FIR alleged that 423 quintals of paddy worth Rs. 30,38,775 were missing and that the petitioners, as Chairman and Manager of the local PACS, had misused their positions. The petitioners contended they were innocent, that the case was filed on mere assumption without prior notice, and that they had already deposited the full alleged amount with interest, obtaining a no-dues certificate. The State opposed the bail. Considering the deposit, clean antecedent, and other circumstances, the court ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions under section 482(2) of the BNSS.
Issues considered
- Whether bail should be granted to the accused under sections 318(2) and 316(5) of the BNSS.
- Whether the deposit of the alleged amount and clean antecedent justify bail.
- Whether the FIR was filed on mere assumption without proper notice, rendering the prosecution malicious.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 316(5), 318(2), 482(2)
Subjects
- bail
- BNSS
- section 318
- section 316
- misappropriation
- paddy procurement
- clean antecedent
- deposit of amount
- West Champaran
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89451 of 2025
Arising Out of PS. Case No.-312 Year-2025 Thana- DHANAHA District- West Champaran
======================================================
1 . SUNIL TIWARI @ SUNIL KUMAR TIWARI S/o- Harishankar Tiwari R/v-
Dhawahiya Po- Kathar Ps- Dhanaha Dist- West Champaran
2. Harishankar Tiwari S/o- Late Kapildev Tiwari R/v- Dhawahiya Po- Kathar
Ps- Dhanaha Dist- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramendra Kumar Bharti , Advocate
For the Opposite Party/s : Mr. Parmeshwar Mehta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 17-01-2026 Heard learned counsel for the petitioners and the
State .
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under sections 318 ( 2 )
and 316 (5) of Bns.
3. As per F.I.R., informant alleged that during the
procurement season 2024 – 2025 , 1730 quintals of paddy were
procured by the Chairman and Manager of the Kathar PACS.
During physical verification on 14.09.2025, it was found that
only 1307 quintals of paddy were actually present and 423
quintals of paddy were found missing. On 15.09.2025 at about
11:00 AM, in the presence of villagers, the shortage was
Patna High Court CR. MISC. No.89451 of 2025(2) dt.17-01-2026
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confirmed, and it was alleged that the Chairman and the
Manager had misappropriated the value of the missing 423
quintals amounting to Rs. 30,38,775 . The inquiry further
revealed that although the record showed procurement of 1307
quintals of paddy , the corresponding amount of rs. 30,38,775 /-
was also misappropriated. It is further alleged that by violating
official rules, the accused Chairman and Manager misused their
positions and caused financial loss to the government.
4. It is submitted on behalf of the petitioners that
petitioners are innocent and have not committed any offence as
alleged. The entire prosecution case is malicious and absolutely
out of extraneous considerations. From bare perusal of memo
No. 24 dated 15.09.2025 , issued by Block Co-operative Officer
which is attached with F.I.R. it is evident that the PACs Godown
was found locked during physical verification and as such , only
on the basis of assumption and presumption , this case was
lodged without any prior notice the petitioners. Moreover,
petitioner have already deposited the aforesaid alleged amount
of Rs. 30,38,775.00/- with Bank interest thereon total Rs.
32,36,214/- and for the same , no dues certificate was also
issued and the copy of same is annexed as Annexure – P / 2 to
the bail petition . Petitioners claim clean antecedent.
Patna High Court CR. MISC. No.89451 of 2025(2) dt.17-01-2026
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5 . Learned counsel for the State oppose the bail
petition .
6 Considering the aforesaid facts and also the facts
that petitioners have already deposited the entire alleged amount
and clean antecedent of these petitioners and other
circumstances of the case , in the event of arrest or surrender
within eight weeks from today, let the petitioners, as named
above, 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 the learned Additional Chief
Judicial Magistrate Bagaha West Champaran in connection with
Dhanaha P.S. Case No. 312 of 2025 subject to the conditions
laid down under section 482 ( 2 ) of the Bharatiya Nagarik
Suraksha Sanhita ( BNSS) , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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