Swarnajeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46857 of 2025 Arising Out of PS. Case No.-201 Year-2024 Thana- BHAWANIPUR District- Purnia ====================================================== Swarnajeet Kumar S/o- Lakshman Prasad Singh Village + PO- Shripur PSBhawanipur, Dist- Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Kumari Shalini, Advocate.

For the State :

Mr.Parmeshwar Mehta, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-07-2025 Heard Ms. Kumari Shalini, learned counsel appearing on behalf of the petitioner and Mr. Parmeshwar Mehta, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Bhawanipur P.S. Case No. 201 of 2024 registered for the offence punishable under Sections 316(5), 318(4) and 3(5) of the B.N.S.

3. As per the allegation made in the F.I.R., altogether 58.88 MT rice which was to be delivered to the State Food Corporation on the last date of procurement i.e. 30.09.24 was not delivered and diverted in collusion with the Chairman of the PACs and the petitioner who is the PACs Manager.

4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner is the PACs Manager and

Patna High Court CR. MISC. No.46857 of 2025(2) dt.30-07-2025 2/3 he is ready to deposit the entire amount which has been allegedly misappropriated in the account, however, learned counsel denies that PACs manager is responsible for the allegation as alleged in the F.I.R. and also informs that the Chairman of the PACs has already committed to make payment of the entire amount.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the F.I.R. and the fact that the petitioner has claimed that he is ready to deposit the amount of loss, I am inclined to enlarge the petitioner on pre-arrest bail, subject to furnishing of the receipt of the deposit at the time of furnishing of the bail bond and also considering the fact that the Chairman of the PACs has already committed to make payment of the entire amount, in that case also, petitioner may furnish the receipt in lieu of the Chairman at the time of furnishing of bail bond.

7. In view of the above, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/-

Patna High Court CR. MISC. No.46857 of 2025(2) dt.30-07-2025 3/3 (Ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Purnea in connection with Bhawanipur P.S. Case No. 201 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS.

8. The District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases as what has been stated in Para3 of the bail petition, this order will automatically lose its force.

9. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T