Munna Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31341 of 2026 Arising Out of PS. Case No.-79 Year-2025 Thana- BHANGHA District- West Champaran ====================================================== Munna Yadav S/O Jaychand Yadav @ Jay Chandra Yadav Resident Of Village- Behari Chapariya Tola, P.s.- Bhangaha, Dist.- West Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Bihar State Food and Civil Supplies Corp. Ltd., Patna Through its Managing Director ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Chandra, Advocate :
Mr. Nitish Kumar, Advocate For the State :
Mr. Parmeshwar Mehta, APP For the BSFC :
Mr. Shailendra Kumar Singh, Advocate :
Mrs. Manju Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 07-05-2026 Heard Mr. Shashank Chandra, learned counsel for the petitioner and Mrs. Manju Kumari, learned counsel representing the Bihar State Food and Civil Supplies Corp. Ltd. beside learned APP.
2. The petitioner is apprehending his arrest in connection with Bhangha P.S. Case No. 79 of 2025 registered for the offence under Sections 7 of the Essential Commodities Act, lodged on 24.08.2025 by the informant, Supriya Kumari.
3. As per the prosecution story, the informant alleged that the petitioner being the Chairman of the Rampur PACS and 21.04 quintals of wheat and 84.30 quintals of rice to be supplied
2/4 but sensing that the petitioner has misappropriated the said food grant, the F.I.R. on the instruction of the Superior Authority.
4. Learned counsel for the petitioner submits that due to shortage of labour sometime stock records are not uploaded, there was no intention to misappropriate, to show his bonafide, the petitioner is ready to pay the equivalent amount of Rs.4,12,100/- by way of Demand Draft and further is also ready to appear before the authority and if it is found that any further amount is due, the same shall also be cleared. However, the amount being large, he be allowed to pay it in two installments.
5. Learned counsel representing the Corporation though opposes the prayer submitting that he has misappropriated the food grains, submits that if the petitioner is ready to pay and appear before the authority, appropriate order can be passed.
6. Taking into account the submissions of the parties, though allegation is there, the petitioner had given and undertaking that he shall be providing the Demand Draft of Rs.4,12,100/- and further shall be appearing before the informant to satisfy him/her, has no criminal antecedent, this Court is inclined to extend him the privilege of anticipatory bail subject to payment of Rs.4,12,100 in two installments as under:
3/4 "(i) Rs.2,12,100/- at the time of execution of bail bond;
(ii) Rs.2,00,000/- by 10th of June, 2026;
(iii) failure to pay the aforesaid amount, the State shall take steps for cancellation of bail bond.
(iv) shall appear before the authority.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, First Class, Bettiah, in connection with Bhangha P.S. Case No. 79 of 2025 subject to the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhar Card/Voter Id/Driving License/Pan Card) to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police Station as and when required for cooperating in the investigation;
(iii) the petitioner shall appear on each and every date
4/4 before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her 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 bail bonds. (Rajiv Roy, J) vinayak/- U T