Amarendra Kumar Srivastava v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12487 of 2026 Arising Out of PS. Case No.-262 Year-2024 Thana- COMPLAINT CASE-ARWAL DistrictArwal ====================================================== Amarendra Kumar Srivastava S/o- Late Sumant Lal R/v- Sohani Patti PsBuxar Dist- Buxar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Harishankar Singh S/o- Late Yamuna Singh R/v- Po- Khanani Kala PoAgiaon Bazar Piro Dist- Bhojpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Mayuri, Advocate For the Opposite Party/s :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 26-02-2026 Heard the learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Complaint Case No.262 of 2024, dated 05.09.2024 registered for the offences punishable under Sections 120(B), 294, 323, 341, 409, 413, 414, 420, 467, 468, 469, 471, 504 and 506/34 of the Indian Penal Code.
3. According to prosecution case, in brief, is that the complainant, Harishankar Singh, a retired Assistant Godown Manager, Arwal, alleges that between 03.03.2023 and 28.03.2023 the petitioner misappropriated wheat and rice from the godown. It is further alleged that the petitioner pressured
2/4 him to make false entries in the records and, upon refusal, forcibly took him in a car, threatened him, snatched the register, and made incorrect entries himself. The petitioner is also accused of abusing and threatening the complainant. A written complaint was submitted at Arwal P.S. on 05.09.2024 but was not registered, leading to the filing of the present complaint before the learned CJM, Arwal.
4. Learned counsel for the petitioner submits that the petitioner being the District Manager, Bihar State Food and Civil Supplies Corporation Ltd. Arwal, has lodged a complaint against the complainant of the instant case, in which the petitioner is seeking privilege of anticipatory bail. It is the case of this petitioner that after registration of F.I.R. being Arwal Case No.191 of 2023 dated 11.04.2023 under Sections 409, 420 and 120(b), the petitioner was put on trial and after conclusion of the Trial, the present complainant was convicted and a fine of Rs.10,000/- and imprisonment for seven years was recorded and it is the case of this petitioner that being aggrieved to such action of this petitioner to have registered the case against the complainant, the complaint in question was registered after registration of the F.I.R by this petitioner with vexatious and ulterior reasons. Lastly, it has been submitted that the petitioner has clean
3/4 antecedent and only to harass the petitioner because of the inspection carried out by the petitioner, the instant complaint case is said to have been lodged.
5. Learned APP for the State opposes the prayer for anticipatory bail application.
6. Considering the aforesaid facts and circumstances that the complainant has already been found guilty for the similar offences, which is said to have been initiated by this petitioner by filing the aforesaid F.I.R. and the petitioner has clean antecedent. Accordingly, this Court is inclined to grant the privilege of anticipatory bail to the petitioner.
7. Let the petitioner, above named, in the event of his/her arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Arwal, in connection with Complaint Case No.262 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- (i) one of the bailors should be the family
4/4 member/relative/known of the petitioner(s) who shall provide official document/personal affidavit to show his/her bona fide; (ii) the petitioner(s) 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/her/their bail bond by the Trial Court itself; (iii) the petitioner(s) 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;
(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) sharun/- U T