IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8121 of 2026 Arising Out of PS. Case No.-735 Year-2025 Thana- GARKHA District- Saran ====================================================== 1. Dev Narayan Ray @ Dev Narayan S/O Late Baijnath Ray Resident of Village- Pathara Rasidpur, P.S- Garkha, District- Saran. 2. Birendra Prasad Yadav S/O Late Baidyanath Prasad Yeadv @ Baijnath Ray Resident of Village- Pathara , P.S- Garkha, District- Saran. 3. Pramod Kumar Singh S/O Nageshwar Singh @ Nageshwar Prasad Resident of Village- Bangara, P.S- Garkha, District- Saran at Chapra. 4. Aphsana Khatoon W/O Samser Alam @ Samser Alam Ansari R/O Village- Motirajpur, P.S- Garkha, Distt.- Saran at Chapra. 5. Dhananjay Kumar @ Dhananjay Kumar Singh S/O Asheshwar Singh R/O Village- Motirajpur, P.S- Garkha, Distt.- Saran at Chapra. 6. Shahjahan Khatoon @ Shah Jahan Ansari S/O Ali Akbar Ansari @ Ali Akbar R/O Village- Aouradha, P.S- Garkha, Distt.- Saran at Chapra. 7. Nagendra Ram S/O Yodha Ram @ Jodha Ram R/O Village- Rasidpur, P.S- Garkha, Distt.- Saran at Chapra. ... ... Petitioner/s Versus 1. The State of Bihar 2. Block Co-operative Extension Officer Garkha, Saran at Chapra ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rakesh Kumar, Advocate For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 3 22-04-2026 Heard Mr. Jagganath Singh, learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP. 2. The petitioners are apprehending their arrest in connection with Garkha P.S. Case No. 735 of 2025 for the offence under sections 316(5), 318(4) and 315 of the Bhartiya Nyaya Sanhita lodged on 06.10.2025 by the informant, Rambaran Prasad. Patna High Court CR. MISC. No.8121 of 2026(3) dt.22-04-2026 2/4 3. As per the prosecution story, the Block Cooperative Extension Officer, Garkha, Saran lodged the FIR alleging misappropriation of Rs. 18,26,758/- on the part of the petitioners. This led to the FIR. 4. Learned counsel for the petitioners submit that a counter affidavit has come on behalf of the informant, the Block Cooperative Extension Officer, Garkha, Saran and as per the paragraph 8, the entire amount stands deposited between 13.10.2025 to 26.11.2025 and the bank record has also been made part of the counter-affidavit which followed the certificate dated 19.12.2025. 5. Learned APP opposes the prayer submitting that they tried to keep the money but only after the FIR has been lodged, the payment. 6. Though the submission put forward by the learned APP has to be taken on record that only after the FIR, the payment has been made, but now that a certificate has been issued that the entire payment has been made, none of the petitioners have criminal antecedent and they have undertaken to diligently appear in the trial, in that background, this Court is inclined to extend them the privilege of anticipatory bail with conditions. Patna High Court CR. MISC. No.8121 of 2026(3) dt.22-04-2026 3/4 7. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Saran at Chapra in connection with Garkha P.S. Case No. 735 of 2025 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioners who shall provide official document (Aadhaar Card/Voter ID Card/Pan Card/Driving License) to show his/her bona fide; (ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself; (iii) the petitioner shall be appearing before the Police Station as and when required for cooperating in the investigation; (iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; Patna High Court CR. MISC. No.8121 of 2026(3) dt.22-04-2026 4/4 (v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. Adnan/- (Rajiv Roy, J) U T