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Patna High Court

Manoj Kumar SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to bail.

Summary

The petitioner, a manager of a PACS in East Champaran, was arrested in connection with a case of alleged irregularities in paddy procurement and charged under IPC sections 409, 420 read with section 34. He contended that the purchase was approved by the PACS purchase committee and that the alleged farmers were registered, not landless persons, and that the investigation was complete with a charge‑sheet filed, leaving no risk of evidence tampering. The petitioner also highlighted his clean antecedent and the fact that he had been in custody since August 2025. The State opposed bail, but the court considered the nature of the accusations, the completed investigation, and the petitioner’s clean record. Accordingly, the court granted bail on a bond of Rs 10,000 with two sureties, subject to conditions under CrPC 437(3) and BNSS 480(3).

Issues considered

  • Whether the petitioner is entitled to bail despite charges of cheating and criminal breach of trust under IPC sections 409, 420 and 34
  • Whether the completion of investigation and filing of charge‑sheet eliminates the risk of tampering with evidence
  • Whether the petitioner’s clean antecedent and the nature of the alleged offence justify the grant of bail

Legislation cited

Subjects

  • bail
  • cheating
  • IPC 409
  • IPC 420
  • paddy procurement
  • PACS
  • Criminal Procedure Code
  • clean antecedent
  • East Champaran

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9630 of 2026
                 Arising Out of PS. Case No.-36 Year-2023 Thana- GOVINDGANJ District- East Champaran
                 ======================================================
                 Manoj Kumar Sah, Son of Late Shiv Vachan Sah, Resident of Village-
                 Chatiya, Chintamanpur, P.S.- Govindganj, (Malahi), District- East
                 Champaran.                                          ... ... Petitioner/s
                                              Versus
                 The State of Bihar.
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Abhishek Ranjan, Advocate
                 For the Opposite Party/s :         Mr. Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   12-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner seeks bail in connection with

                   Govindganj (Malahi) P.S. Case No. 36 of 2023 registered for the

                   offence under Sections 409, 420 read with Section 34 of the

                   Indian Penal Code, 1860.

                                3. The accused/petitioner is named in the F.I.R. and is

                   in custody since 11.08.2025.

                                4.    As      per   FIR,    petitioner   being     Manager       of

                   Chintamandpur PACS Chatia, District East Champaran alongwith

                   co-accused persons are said to have committed irregularity in

                   paddy procurement for the sessions 2021-2022.

                                5. Learned counsel appearing on behalf of the petitioner

                   submitted that the maximum allegation against petitioner is to
Patna High Court CR. MISC. No.9630 of 2026(2) dt.12-02-2026
                                            2/3




          purchase the paddy from such a person, who was landless and

          was not the farmer. Explaining this allegation, it is submitted by

          learned counsel that in fact petitioner being manager approved the

          purchase of the paddy in issue from the farmer and the alleged

          five persons were also found during investigation as registered

          farmer. It is also pointed out that the purchase of paddy on behalf

          of PACS was not to be approved by this petitioner only being

          manager, rather same was procured under approval of purchase

          committee of the PACS. While concluding argument, it is

          submitted that investigation of this case is already completed, for

          which charge-sheet has been submitted, as such, there is no

          chance of tampering with the evidence. Petitioner claimed clean

          antecedent.

                       6. Learned APP opposed the prayer of bail.

                       7. Considering the aforesaid factual submissions and by

          taking note of overall nature of accusations as discussed aforesaid,

          coupled with the fact that investigation of this case is already

          completed, where petitioner being man of clean antecedent,

          remains in custody since 11.08.2025 accordingly, petitioner above

          named, is directed to be released on bail in connection with

          Govindganj (Malahi) P.S. Case No. 36 of 2023, on furnishing bail

          bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
              Patna High Court CR. MISC. No.9630 of 2026(2) dt.12-02-2026
                                                          3/3




                        the like amount each to the satisfaction of learned A.C.J.M., East

                        Champaran/concerned Court, subject to the conditions as

                        mentioned under Section 437(3) of the Cr.P.C./Section 480(3) of

                        BNSS.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T


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