Bachan Mehto @ Bachan Mehto @ Bechan Mehta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7067 of 2026 Arising Out of PS. Case No.-914 Year-2025 Thana- MADHEPURA District- Madhepura ====================================================== 1.
Bachan Mehto @ Bachan Mehto @ Bechan Mehta S/o- Saken Mehta Village -Bhelwa Simraha PS-Madhepura OP, Dist- Madhepura 2.
Kartik Kmar @ Kartik Kumar S/o- Badri Kamti Village -Bhelwa Simraha PS-Madhepura OP, Dist- Madhepura ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Bihar State Cooperative Bank, Madhepura through its Branch Manager Bihar 3.
The Branch Manager, Bihar State Cooperative Bank, Madhepura Branch, Madhepura Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Umesh Lal Verma, APP For the Bank :
Mr. Shashi Shekhar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-02-2026 Heard Mr. Sanjay Kumar Singh, learned Counsel for the petitioners and Mr. Shashi Shekhar for the State Co-Operative Bank, Madhepura Branch.
2. The petitioners apprehend their arrest in connection with Madhepura P.S. Case No. 914 of 2025 for the offence registered under sections 316(5)/3(5) of the BNS.
3. As per the prosecution story, the allegation is that for the Kharif marketing season 2024-25, paddy was purchased through Bhelwa PACS and the loan was advanced by co-operative society under agreement. The allegation is that the two petitioners misappropriated the amount, they being president and manager of the
Patna High Court CR. MISC. No.7067 of 2026(2) dt.17-02-2026 2/3 said Bhelwa PACS to the tune of Rs. 18,08,361/-. This led to the FIR.
4. Learned Counsel for the petitioners submit that under wrong impression, the FIR has been lodged, they were in the process of making the payments. In any case, the payments have been made along with interest, it would manifest from the supplementary affidavit filed on behalf of the petitioners. The bank details have been incorporated in Annexure P/4 to the supplementary affidavit.
5. The Bank is appearing and Mr. Shashi Shekhar submits that the amount has come and as such, reserving their right to pursue the case, he is not opposing the prayer for anticipatory bail.
6. In that background and in view of the submissions put forward by the parties and taking into account that the petitioner do not have criminal antecedent, this Court is inclined to grant them the anticipatory bail with conditions.
7. Let the petitioners in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No. 914 of 2025 subject to condition as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
Patna High Court CR. MISC. No.7067 of 2026(2) dt.17-02-2026 3/3 (ii) the petitioner(s) shall be appearing before the Police Station as and when required for co-operating in the investigation; (iii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Vijay Singh/- U