Firoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13102 of 2025 Arising Out of PS. Case No.-192 Year-2024 Thana- CHHAURADANO District- East Champaran ====================================================== 1.

Firoj Kumar Son of Bhikhari Ray Resident of Village - Kudarkat, P.S. - Chhauradano, District - East Champaran 2.

Jagdish Ram Son of Late Ramswarup Ram Resident of Village - Kudarkat, P.S. - Chhauradano, District - East Champaran 3.

Harishankar Prasad Son of Dashrath Sah Resident of Village - Kudarkat, P.S. - Chhauradano, District - East Champaran 4.

Vinod Ray Son of Hari Ray Resident of Village - Kudarkat, P.S. - Chhauradano, District - East Champaran 5.

Chitranjan Kumar @ Chitranjan Prasad Son of Dinanath Prasad Resident of Village - Kudarkat, P.S. - Chhauradano, District - East Champaran 6.

Anita Devi Wife of Madan Sah Resident of Village - Kudarkat, P.S. - Chhauradano, District - East Champaran 7.

Rita Devi Wife of Vinod Ray Resident of Village - Kudarkat, P.S. - Chhauradano, District - East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Hemant Ray, Adv Mr.Abhishek Kumar, Adv For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-08-2025 1.

Heard learned counsel for the petitioners Shri Hemant Ray, and learned A.P.P. for the State. 2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 408, 409, 420, and 34 of the Indian Penal Code.

3.

Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant

Patna High Court CR. MISC. No.13102 of 2025(6) dt.18-08-2025 2/3 alleges that 4697 quintal of paddy was purchased during Kharif year 2023-24 by PACS, out of which 174 MT CMR was provided to SFC, it is next alleged that 145 MT CMR has not been deposited with the SFC by the PACS of which Ramvinay Kumar is a Chairman. It is also alleged that during physical verification of the godown, it transpired that Ramvinay Kumar along with Manager of PACS have embezzled the paddy to the tune of 258.575 quintal equivalent to a sum of Rs. 56,44,692.25/-.

4.

Learned counsel for the petitioners submits that petitioner No. 1 is the PACS Manager and rest of the petitioners are members of the PACS. It is further submitted that Ramvinay Kumar, Chairman of the PACS, had approached this Court seeking anticipatory bail by filing Cr. Misc No. 2661 of 2025 and the same was allowed by an order dated 15-2-2025, (Annexure-3 to the supplementary affidavit) passed by a learned Coordinate Bench. It is further submitted that privilege of anticipatory bail was granted to Ramvinay Kumar as he was ready to pay all the legitimate dues but in installment. It is submitted that Ramvinay Kumar agreed to make payment of Rs. 47,22,920.5/- in 12 installments, i.e., price of paddy equivalent to 2163.5 qunital. It is also submitted that it was also

Patna High Court CR. MISC. No.13102 of 2025(6) dt.18-08-2025 3/3 agreed by the Chairman of the PACS that if any further amount is found payable, in that event, the same shall also be paid by him. It is next submitted that since Ramvinay Kumar accepted the onus of making the payment that in itself demonstrates that petitioners have been implicated in a mechanical manner. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Chhauradano P.S. Case No. 192 of 2024, subject to the conditions as laid down under Section 482 (2) of the BNSS. (Satyavrat Verma, J) Sumit/- U T