Bina Khatoon v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65047 of 2025 Arising Out of PS. Case No.-201 Year-2024 Thana- BHAWANIPUR District- Purnia ====================================================== 1.

Bina Khatoon Wife of Md. Azad Resident of Village - Shreepur, P.S.- Bhawanipur, District - Purnea.

2.

Md. Tarif @ Md. Tarik Son of Md. Iliyash Resident of Village - Bareebhansar, P.S.- Bhawanipur, District - Purnea. 3.

Azad Hussain @ Md. Azad @ Md. Azad Alam Son of Amiruddin Resident of Village - Motichak, P.S.- Bhawanipur, District - Purnea. 4.

Shobha Devi Wife of Pipesh Kumar Resident of Village - Shreepur, P.S.- Bhawanipur, District - Purnea.

5.

Fatni Devi @ Ratni Devi Wife of Chaman Rishi Resident of Village - Shreepur, P.S.- Bhawanipur, District - Purnea 6.

Bindeshwari Sharma Son of Laxman Sharma Resident of Village - Shreepur, P.S.- Bhawanipur, District - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad, Advocate For the Opposite Party/s :

Mr. Arun Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-09-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 316(5), 318)(4), 3(5) of the Bharatiya Nyaya Sanhita.

3. As per allegation made in the F.I.R., altogether 58.88 M.T. C.M.R. (Rice) was to be supplied to Bihar State Food Corporation, Purnea by 30.09.2024 but the same was not

Patna High Court CR. MISC. No.65047 of 2025(2) dt.17-09-2025 2/3 delivered and diverted in collusion with the Chairman and members of PACS. Petitioners are members of the aforesaid PACS.

4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. Petitioners are only members of Shreepur Milik PACS Block, Bhawanipur and they have got no role in purchase of paddy rice. It is the Manager and Chairman who are responsible for the alleged defalcation. He further submits that Chairman of the PACS, namely, Rajesh Kumar has already committed to pay the entire amount and has been granted regular bail by coordinate Bench of this Hon'ble Court vide order dated 11.08.2025 passed in Cr. Misc. No. 52433 of 2025. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the aforesaid facts and circumstances of the case, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like

Patna High Court CR. MISC. No.65047 of 2025(2) dt.17-09-2025 3/3 amount each to the satisfaction of Chief Judicial Magistrate, Purnea in connection with Bhawanipur P. S. Case No. 201 of 2024, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) Navya/- U T