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Patna High Court

Sajda KhanamversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court granted regular bail to the petitioners upon furnishing a bail bond of Rs.10,000 each with two sureties.

Summary

Petitioners Sajda Khanam and Jayaur Rahman, who are Chairman and Manager of a PACS, applied for regular bail in a case alleging defalcation of Rs.19,63,462 under sections 316(2), 316(5), 318(4) and 3(5) of the Bihar Negotiable Instruments Act. The prosecution contended that the amount was misappropriated, while the petitioners claimed innocence, cited lack of criminal antecedent, and offered to deposit the entire amount within a year. They have been in judicial custody since early December 2025. The State opposed bail, but the court, after considering the facts, the petitioners' willingness to pay, and their clean record, ordered their release on regular bail. Each petitioner was required to furnish a bail bond of Rs.10,000 with two sureties of the same amount.

Issues considered

  • Whether the petitioners are entitled to regular bail despite alleged defalcation under the Bihar Negotiable Instruments Act.
  • Whether the petitioners' willingness to deposit the full amount within a year justifies granting bail.
  • Whether the absence of prior criminal antecedent and the period of custodial detention affect the bail decision.

Legislation cited

Subjects

  • regular bail
  • defalcation
  • Bihar Negotiable Instruments Act
  • PACS
  • judicial custody
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9484 of 2026
                       Arising Out of PS. Case No.-57 Year-2025 Thana- Bajitpur District- Darbhanga
                 ======================================================
           1.     Sajda Khanam W/o Chaman Khan Resident of Village- Tariyati, P S.-
                  Bajitpur, Dist- Darbhanga
           2.    Jayaur Rahman @ Jayaur Rahman Khan S/o Late Habibul Khan Resident of
                 Village- Tariyati, P S.- Bajitpur, Dist- Darbhanga

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Saurav Anand, Advocate
                 For the Opposite Party/s :        Mr. Parmeshwar Mehta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   19-02-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners have prayed for regular bail in a

                   case registered for the offence punishable under sections 316(2),

                   316(5), 318(4) and 3(5) of BNS.

                                3. The case of the prosecution is that the petitioners

                   have committed defalcation of Rs. 19,63,462/-.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have committed no offence.

                   Learned counsel has submitted that part of the sum has already

                   been deposited and they are ready to deposit entire amount

                   within a period of one year after releasing from judicial custody.
            Patna High Court CR. MISC. No.9484 of 2026(2) dt.19-02-2026
                                                        2/2




                      The petitioners are Chairman and Manager of PACS and as the

                      rice was getting wasted, the case has been filed. Learned

                      counsel has further submitted that a statement has been made in

                      para-3 of this petition that the petitioners have got no criminal

                      antecedent. Moreover, they are languishing in judicial custody

                      since 02.12.2025 and 06.12.2025 respectively.

                                   5. Learned APP appearing for the state has opposed

                      the prayer of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioners on bail. The above named

                      petitioners are directed to be released on bail in connection with

                      Bajitpur P.S. Case No. 57 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) each with two sureties of the like

                      amount each to the satisfaction of learned J.M. 1st Class,

                      Darbhanga.



                                             (Ashok Kumar Pandey, J)
shubham/-

U     T


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