Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52433 of 2025 Arising Out of PS. Case No.-201 Year-2024 Thana- BHAWANIPUR District- Purnia ====================================================== Rajesh Kumar S/O Naresh Prasad Mandal @ Naresh Mandal Village- Sripur, P.S.- Bhawanipur, Dist.- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Santosh Kumar, Advocate For the Opposite Party/s :
Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Bhawanipur PS Case No. 201 of 2024 dated 20.10.2024, instituted under Sections 316(5), 318(4), 3(5) of the B.N.S., 2023.
3. The allegation against the petitioner who is the chairman of Sripurmileeck PACS, is that he along with other accused person has not delivered 58.88 M.T. C.M.R. Rice to the Bihar State Food Corporation, Purnea in lieu of 86.60 Matric Ton Paddy, which amounts to defalcation of Rs. 19,12,128/-.
4. Learned counsel for the petitioner submits that, now, the petitioner is ready to return Rs. 19,12,128/- to the District Co-operative Officer, Purnea.
Patna High Court CR. MISC. No.52433 of 2025(2) dt.11-08-2025 2/3
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, this Court is of the view that since the petitioner has become ready to refund the amount of Rs. 19,12,128/- to the District Cooperative Officer, Purnea, the petitioner deserves to be released on bail subject to payment of rupees three lakhs at the time of furnishing bail bonds and the remaining amount in six installments.
7. Let the petitioner be released on provisional bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the court of learned C.J.M., Purnea/ Successor Court in Bhawanipur PS Case No. 201 of 2024 subject to the following conditions:- (I) That the petitioner shall deposit rupees three lakhs to the District Co-operative Officer, Purnea through Demand Draft before furnishing bail bonds in the trial Court. (II) That the remaining amount of Rs. 1,1612,128/- shall be paid in the office of District Co-operative Officer, Purnea through Demand Draft in six equal installments within six months from the date of furnishing bail bonds. (III) That the Court below upon deposit the Demand
Patna High Court CR. MISC. No.52433 of 2025(2) dt.11-08-2025 3/3 Draft(s) as aforesaid shall handover the same to the District Cooperative Officer, Purnea on proper verification. (IV) That if the petitioner fails to deposit any of the installment as aforesaid, the bail bond of the petitioner shall stand cancelled.
(V) That upon payment of the entire amount i.e., Rs. 19,12,128/- to the District Co-operative Officer, Purnea by the petitioner, the provisional bail of the petitioner shall be confirmed by the Court below itself.
(Khatim Reza, J) Sankalp/- U T