Holika Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22217 of 2025 Arising Out of PS. Case No.-361 Year-2024 Thana- DHORAIYA District- Banka ====================================================== 1.

Holika Devi W/o- Gyaneshwari Mandal @ Gyaneshwar Mandal Resident of village- Ahiro Police station- Dhoraiya District- Banka 2.

Pram Mohan Mandal @ Pranmohan Mandal S/o- Late Indra Mohan Mandal @ Indradeo Mandal Resident of village- Ahiro Police station- Dhoraiya District- Banka 3.

Sila Devi @ Sheela Devi W/o- Kiran Rajak @ Keeran Rajak Resident of village- Ahiro Police station- Dhoraiya District- Banka 4.

Dharmendra Kumar Mehra S/o- Basuki Mehra @ Baski Mehra Resident of village- Ahiro Police station- Dhoraiya District- Banka 5.

Bhagwan Mandal S/o- Late Gainu Mandal @ Mainu Mandal Resident of village- Ahiro Police station- Dhoraiya District- Banka 6.

Sarwan Mandal @ Shrawan Mandal S/o- Late Sugdeo Mandal @ Sukhdev Mandal Resident of village- Ahiro Police station- Dhoraiya District- Banka 7.

Arbind Yadav @ Arvind Yadav S/o- Rameshwar Yadav Resident of villageAhiro Police station- Dhoraiya District- Banka 8.

Chandani Kumari W/o- Annat Mandal @ Anant Mandal @ Anant Kumar Resident of village- Purainiya Police station- Dhoraiya District- Banka 9.

Sangita Devi W/o- Shobha Kant Yadav Resident of village- Kusmaha Police station- Dhoraiya District- Banka ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

The District Manager, State Food Corporation, Banka Bihar 3.

The District Cooperative Officer, Banka Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Balram Kapri, Adv.

For the State :

Mr. Narendra Kumar Singh, APP For the BSFC :

Mr. Shailendra Kr. Singh, Adv. With Mr. Utkarsha Utpal, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-06-2025 Heard learned counsel for the petitioners, learned A.P.P for the State and learned counsel appearing on behalf of opposite party no. 2 / B.S.F.C.

2. The petitioners apprehend their arrest in Dhoraiya P.S. Case No. 361 of 2024, registered for offence punishable

Patna High Court CR. MISC. No.22217 of 2025(4) dt.23-06-2025 2/2 under Sections 316(5), 318(4), 328, 336(3), 340(2) & 3(5) of B.N.S., 2023.

3. As per F.I.R., all the named accused persons, who are members of the Executive Committee, have embezzled Rs. 2,92,392/-, which is equivalent to 1324 quintals of paddy.

4. Learned counsel for the petitioners submits that petitioners are simply members of the committee and have not embezzled any money of PACS. It is Manager and President of PACS, who are responsible for the same. All the money have been deposited or withdrawn under the signature of Manager and President of PACS. Petitioners are not responsible for any kind of embezzlement of government money.

5. Learned counsel for the B.S.F.C. vehemently opposes the prayer for anticipatory bail and submits that it is a case of misappropriation of government money and the petitioners are the members of executive committee, whose involvement cannot be negated.

6. Considering the nature of accusation, the prayer for anticipatory bail of petitioners is rejected. (Prabhat Kumar Singh, J) anay U T