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2025 DAILYLAW 101482 (PAT)

Chandan Kumar v. The State of Bihar

CR. MISC./60402/2025 · 2025-10-17

R P Mishra

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.60402 of 2025 In CRIMINAL MISCELLANEOUS No.86854 of 2024 Arising Out of PS. Case No.-295 Year-2024 Thana- KESARIA District- East Champaran ====================================================== Chandan Kumar son of Birendra Narayan singh Village- Gawandari Police Station -Kesariya District -East Champaran ... ... Petitioner/s Versus 1. The State of Bihar 2. Kumar Sanu son of sonelal Ram Resident Of Village - Kalyanpur, Ps- Kesharia, Dist- East champaran at Motihari At Present Cooperative Extenstion Officer, Kalyanpur, East Champaran at Motihari ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar, Adv. For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 4 17-10-2025 Heard learned counsel for the petitioner and learned counsel for the State. 2. The present application has been filed for modification of the order dated 18.03.2025 passed in Cr. Misc. No. 86854 of 2024 by which the petitioner was granted bail with certain conditions in connection with Kesariya P.S. Case No. 295 of 2024 and the petitioner was directed to return Rs. 61,87,920.00/- (Sixty One Lacs Eighty Seven Thousand Nine Hundred Twenty Only) in the account of the O.P. No.2 in twenty (20) equal installments which shall be paid by 15th of every month. Patna High Court CR. MISC. No.60402 of 2025(4) dt.17-10-2025 2/3 3. Learned counsel for the petitioner submits that for doing the business of paddy procurement for Kharif Sessions of 2023-24, the amount of cash credit was given to the PACS of the petitioner by depositing the same in the account of PACS and, so the petitioner may be directed to deposit the alleged misappropriated amount in the account of the PACS maintained in the District Central Cooperative Bank, Motihari. 4. Learned counsel for the petitioner further submits that the present application is limited to the prayer that the defalcated amount be directed to be deposited in the concerned branch of the Bank, as the petitioner has defalcated the said amount from the Bank and not from the State Food Corporation or any government officer. 5. Considering the submissions made on behalf of the learned counsel for the petitioner and the grounds mentioned in the modification application, the modification application is allowed with a direction to the petitioner to deposit the defalcated amount of Rs. 61,87,920.00/- (Sixty One Lacs Eighty Seven Thousand Nine Hundred Twenty Only) in the account of the PACS maintained in the Motihari Central Cooperative Bank Limited, Motihari. 6. The order dated 18.03.2025 passed in Cr. Misc. No. Patna High Court CR. MISC. No.60402 of 2025(4) dt.17-10-2025 3/3 86854 of 2024 is modified to the extent indicated above. 7. The rest part of the aforesaid order dated 18.03.2025 shall remain intact. rishi/- (Rudra Prakash Mishra, J) U T