Patna High Court
Manoj Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- BNSS — s. 480(3)
- Code of Criminal Procedure, 1973 — s. 437(3)
- Indian Penal Code — s. 34, 409, 420
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
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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
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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/-
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