IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13099 of 2026 Arising Out of PS. Case No.-436 Year-2017 Thana- LAKHISARAI District- Lakhisarai ====================================================== Bandi Shankar Kumar Son of Sri Ranjan Kumar Resident Of Village- Jagdishpur, Po- singh Chak, Ps- Chanan, Dist- Lakhisarai ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Shashi Bhushan Kumar, Advocate For the State : Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 24-03-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. 2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 406, 409, 420 and 120B of the Indian Penal Code and Section 7 of the Essential Commodities Act. 3. As per prosecution case, it is alleged that in the Agriculture year 2015-16, Rampur PACS from 21 farmers had purchased 1430 quintal of paddy which was sent to M/s Sai Enterprises, Vidyapith Chowk, Lakhisarai and without taking any CMR, full paddy was supplied. The said rice mill was required to provide 958.10 quintal CMR against 1430 quintal of paddy but has supplied only 277 quintal to the State Food Patna High Court CR. MISC. No.13099 of 2026(3) dt.24-03-2026 2/3 Corporation, Lakhisarai. Thus, the rice mill has not supplied 681.10 quintal of remaining CMR and has misappropriated the same and thus defalcated CMR amounting to Rs. 14,58,778.00 (Fourteen lacs fifty eight thousand seven hundred seventy eight). Petitioner is owner of the rice mill on the basis of said written complaint FIR was instituted in which petitioner has been made accused. 4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. Petitioner has falsely been implicated in this case merely because he happens to be one of the owner of M/s Sai Enterprises Didyapith Chowk. Similarly situated co- accused person, namely Niraj Kumar, who is also one of the owner of the rice mill, has already been granted the privilege of anticipatory bail by a Co-ordinate Bench of this Hon’ble Court vide order dated 18.09.2018 passed in Cr. Misc. No. 56305 of 2018 and in compliance of the said order, co-accused Neeraj Kumar has already deposited a bank guarantee of the entire alleged defalcated amount amounting to Rs. 14,58,772/-, copy of which is Annexure-P/3 to this bail petition. Petitioner claims clean antecedents. 5. Learned A.P.P. for the State has vehemently Patna High Court CR. MISC. No.13099 of 2026(3) dt.24-03-2026 3/3 opposed the prayer for grant of anticipatory bail to the petitioner. 6. Considering the facts and circumstances of the case, nature of accusation, fact that bank guarantee of the entire alleged defalcated amount has already been given by co-accused Niraj Kumar and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed. 7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Lakhisarai in connection with Lakhisarai P.S. Case No. 436 of 2017, subject to condition as laid down under Section 482(2) of the B.N.S.S.. shashank/- (Prabhat Kumar Singh, J) U T