Brijmohan Kumar @ Brajmohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83268 of 2025 Arising Out of PS. Case No.-340 Year-2025 Thana- SHEOHAR District- Sheohar ====================================================== 1.

Brijmohan Kumar @ Brajmohan Kumar Son of Rajnarayan Sah Resident of Village - Mirzapur Dhowahi, Post - Mathurapur, P.S.- Fatehpur, District - Sheohar 2.

Aman Kumar Son of Dharmendra Kumar Resident of Village - Mirzapur Dhowahi, Post - Mathurapur, P.S.- Fatehpur, District - Sheohar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Block Co-operative Extension Officer Block- Sheohar, Dist.- Sheohar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Devendra Kumar For the Opposite Party/s :

Mr. Pramod Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-03-2026 Despite valid service of notice, none appears on behalf of the opposite party no. 2.

2. Heard learned counsel for the petitioners and the State.

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

4. As per F.I.R., petitioner no. 1, who is Chairman of Dhobahi PACS and petitioner no. 2, who is the Manager, misappropriated 1170.25 quintals of paddy amounting to Rs. Rs. 27,20,831.25/-.

Patna High Court CR. MISC. No.83268 of 2025(5) dt.30-03-2026 2/3

5. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. As a matter of fact, petitioner no. 1 has already deposited Rs. 15,70,624.12/- out of total Rs. 27,20,831.25/- and the remaining amount i.e., Rs. 11,50,207.13/- will be deposited within the next three months.

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

7. Considering the aforesaid contention made on behalf of the petitioners, provisional bail for a period of three months is granted to the petitioners from the date of furnishing bail bond.

8. Accordingly, 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 amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar in connection with Sheohar (Fatehpur) P. S. Case No. 340 of 2025, subject to conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 along with the following terms and conditions:

"A. Petitioners shall deposit Rs.

Patna High Court CR. MISC. No.83268 of 2025(5) dt.30-03-2026 3/3 2,50,207.13/- (Rs. Two Lacs Fifty Thousand Two Hundred Seven and Thirteen Paise) through demand draft in the Sitamarhi Central Cooperative Bank Ltd., Sheohar Main Branch and produce its receipt at the time of furnishing bail-bond.

B. Rest amount i.e. Rs. 9,00,000/- (Rupees Nine Lacs) shall be deposited through demand draft in the Sitamarhi Central Cooperative Bank Ltd., Sheohar Main Branch in 2 equal installments i.e., Rs. 4,50,000/- (Rupees Four Lacs Fifty Thousand) each within a period of two months thereafter.

C. The aforesaid payment shall be subject to the final outcome of the case.

D. If petitioners fail to comply the aforesaid direction of this Court, the learned Trial Court is free to cancel the bail-bond of the petitioners.

E. The learned trial court shall confirm the provisional bail after being satisfied that the petitioners have paid the entire amount, as mentioned here-in-above."

(Prabhat Kumar Singh, J) Navya/- U T