Nagendra Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53355 of 2025 Arising Out of PS. Case No.-119 Year-2024 Thana- THAKURGANJ District- Kishanganj ====================================================== Nagendra Kumar Singh S/O Late Dimru Singh Resident of Bairagijhar (Gunjarnari), P.S -Thakurganj, District- Kishanganj. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
The Managing Director Bihar State food corporation Limited Patna Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raj Kumar, Advocate Ms. Chitra Dwivedi, Advocate Mr. Pratik Kumar, Advocate For the Opposite Party/s :
Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 22-08-2025 Heard learned counsel for the petitioner and Mr. Ram Priya Sharan Singh learned APP for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 318(4), 316(5), 316(3) and 61(2) of the BNS Act, 2023.
3. The allegation in the FIR is that 313.9 Metric tonnes of paddy worth Rs. 68,52,437/- was misappropriated by the accused persons including the present petitioner who is the member of PACS.
4. It is submitted by the learned counsel for the petitioner that it would be evident from the FIR itself that upon physical verification being done at the godown a non co-
Patna High Court CR. MISC. No.53355 of 2025(2) dt.22-08-2025 2/3 operative attitude had been shown by the Chairman and Manager of the PACS and the main allegation of misappropriation of the amount also rests upon them. The petitioner being a member of the said PACS has also been made accused in the present case. It has also been pointed out that coaccused of this case Vijay Kumar Singh and Shahanwaz Alam being the Chairman and Manager of PACS have already been granted the privilege of provisional bail by this Court vide orders dated 08.05.2025 and 11.07.2025 passed in Criminal Miscellaneous No. 1111 of 2025 and Criminal Miscellaneous No. 21680 of 2025 conditionally upon payment of Rs. 2 Lakhs as first installment and its confirmation upon payment of the entire amount. (Annexure-2 series)
5. Considering the facts and circumstances of the case and also taking into consideration the fact that main allegation of embezzlement of money rests upon the Chairman and Manager of the PACS, it is directed that the petitioner, above named, who has got no criminal antecedent, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Thakurganj P.S. Case No. 119 of 2024 on furnishing bail bond of Rs.10,000/-
Patna High Court CR. MISC. No.53355 of 2025(2) dt.22-08-2025 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S 2023. (Soni Shrivastava, J) ranjan/- U