Kundal Kumar @ Kundan Kumar @ Kundal Kumar Prabhakar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10809 of 2026 Arising Out of PS. Case No.-295 Year-2025 Thana- ROH District- Nawada ====================================================== Kundal Kumar @ Kundan Kumar @ Kundal Kumar Prabhakar Son of Ashok Kumar @ Ashok Singh Resident of Village- Rukhi, P.S.- Roh, DistrictNawada ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Cooperative Extension Officer, Koma Block, Roh, District- Nawada Bihar 3.
Cooperative Bank, Koma, Nawada, District- Nawada Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Abhilasha Kumari, Adv.
For the Opposite Party/s :
Mr. Navin Kr. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-02-2026 Heard the parties.
2.The petitioner is named in the F.I.R. and apprehending his arrest in connection with Roh P.S. Case No. 295 of 2025 registered for the offences punishable under Sections 316(3), 323, 318 of BNS.
3. As per FIR, petitioner suspected to defalcate total of 411.05 MT of paddy worth Rs. 95,56,912.0/- for financial year 2024-35 in the capacity of chairman cum manager of Koshi Rukhi PACs, Dist:- Nawada.
4. It is submitted by learned counsel appearing
Patna High Court CR. MISC. No.10809 of 2026(2) dt.24-02-2026 2/3 on behalf of the petitioner that FIR itself suggests that the present case was initiated against petitioner, who is chairman cum manager of PACs, on the basis of suspicion that total of 411.05 MT of paddy may be defalcate worth of Rs. 95,56,912.0/-. It is submitted that admittedly the FIR was lodged in hurry without any physical verification which is apparent from the face of FIR itself. In this context, it is further submitted that office of Nawada Central Cooperative Bank Limited, Nawada issued a NOC in favor of petitioner that there is no dues against him vide its letter dated 14.11.2024. While concluding arguments, it is submitted that petitioner found involved in one more criminal case where he is on bail. 5 Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by taking note of fact as FIR, in issue, prima-facie raised on the basis of suspicion without physical verification of godown, in issue, coupled with the fact that authority concerned issues NOC letter in favor of petitioner,
Patna High Court CR. MISC. No.10809 of 2026(2) dt.24-02-2026 3/3 accordingly petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Nawada /concerned Court, where the case is pending in connection with Roh P.S. Case No. 295 of 2025, subject to the conditions as laid down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J) Sudha/- U T