MD. JAMIL @ JAMILUDDINversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91941 of 2025
                        Arising Out of PS. Case No.-374 Year-2025 Thana- ARARIA District- Araria
                 ======================================================
           1.     MD. JAMIL @ JAMILUDDIN S/o- Md. Guljar R/v- Jhamta, Ward No.01,
                  P.S.-Araria, District- Araria.
           2.    Md. Warish @ Warish S/o- Late Md. Abbas R/v- Jhamta, Ward No.08, P.S.-
                 Araria, District- Araria.

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Senior Co- operative Extension Officer Araria

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Mrigendra Kumar
                 For the Opposite Party/s :       Mr.Anand Kishore Choudhary
                                                  Ms. Pushpa Sinha
                 For the BSFC             :       Ms. Anukriti Jaipuriyar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

4   29-04-2026         1. Heard learned Counsel for the parties concerned.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Araria Town Police Station Case No. 374 of 2025,

                            dated 10.09.2025, disclosing offences punishable under

                            Sections 316(2)/316(5)/318(3)/3(5) of the Bhartiya Nyaya

                            Sanhita, 2023.

                       3.   The prosecution case, as per the First Information Report,

                            is that the petitioners, who are the Ex-Chairman and

                            manager of Jhamta PACS, have embezzled 76.175 metric

                            tons of paddy, store in the warehouse of the Committee,

                            equivalent to Rs. 17,71,068.75/-.
Patna High Court CR. MISC. No.91941 of 2025(4) dt.29-04-2026
                                            2/4




              4.   Learned Counsel for the petitioners, who are the

                   Chairman and Manager of the Jhamta PACS, submits that

                   the petitioners have not committed any offence in the

                   manner alleged inasmuch as the petitioners failed to show

                   the paddy as the same got destroyed due to destruction of

                   the rooftop of the godown in rain, due to which the paddy

                   drenched and became unfit for converting it to rice.

              5.   Learned Counsel for the petitioners submits that the

                   petitioners have no intention of misappropriation of

                   government fund and the petitioners, after lodging of the

                   First Information Report, have deposited Rs. 5,00,000/- in

                   the Araria branch of the Purnea District Central Co-

                   operative bank Limited. The petitioners are still ready to

                   make payment of the entire value of the paddy. He further

                   submits that Rs. 15,15,516/- is yet to be deposited by the

                   petitioners. He, accordingly, prays that instalment for a

                   period of six months may be fixed for payment of the

                   entire amount.

              6. Learned Counsel for the State and Bihar State Food

                   Corporation Limited submits that the petitioners may be

                   given an opportunity to deposit the amount.

              7.   Regards being had to the submissions advanced on behalf
Patna High Court CR. MISC. No.91941 of 2025(4) dt.29-04-2026
                                            3/4




                  of the parties and taking into consideration the nature of

                  allegation and the fact that the petitioners are ready to

                  deposit the outstanding Government amount of Rs.

                  15,15,516, in six instalment, I am inclined to grant the

                  petitioners privilege of anticipatory bail, on the condition

                  that the petitioner shall clear the loan amount and shall

                  pay the outstanding amount in six instalments.

              8. This application is, accordingly, allowed.

              9. Let the petitioners, above named, in the event of his arrest

                  or surrender before the Court below within a period of

                  four weeks from today, 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

                  Chief Judicial Magistrate, Araria, in connection with

                  Araria Town Police Station Case No. 374 of 2025,

                  (i) laid down under Section 482 (2) of the Bharatiya

                  Nagarik      Suraksha       Sanhita,         2023,   subject   to   the

                  conditions,

                  (ii) The petitioners, at the time of furnishing bail bond,

                  within a period of four weeks from today, will produce

                  the deposit slip of Rs. 2,60,000/- as the first instalment;

                  (iii) The petitioners shall pay the second, third, fourth and
            Patna High Court CR. MISC. No.91941 of 2025(4) dt.29-04-2026
                                                        4/4




                              fifth instalment of Rs. 2,60,000/- on 25th day of June, July,

                              August, September and October, 2026,

                               (iv) The petitioners, by way of sixth and last instalment

                              shall deposit a sum of Rs. 2,15,516, by 25th November,

                              2026.

                              (v) After deposit of a total amount of Rs. 15,15516/-, if it

                              is found that any extra amount has been paid by the

                              petitioners, the same shall be returned to the petitioners,

                              forthwith.

                              (vi) If the amount, as directed above, is not paid by the

                              petitioners, the Bank/ Bihar State Food Corporation will

                              be at liberty to approach this Court for cancellation of the

                              bail bond.



                                                                           (Anil Kumar Sinha, J.)
Prabhakar Anand/-

U √     T   √