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2026 DAILYLAW 37335 (PAT)

Saurabh Kishor v. The State of Bihar

CR. MISC./56776/2025 · 2026-01-09

Prabhat Kumar Singh

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56776 of 2025 In CRIMINAL MISCELLANEOUS No.11006 of 2025 Arising Out of PS. Case No.-84 Year-2024 Thana- FESHAR District- Aurangabad ====================================================== Saurabh Kishor S/O Kamal Kishor R/O Village- Nagwel, Meskaur, Sanrh, Majhganw, S. Marighagwa, Police Station- Meskaur, District- Nawada. At present the Managing Director Aurangabaad Central Coperative Bank, Aurangabad. ... ... Petitioner/s Versus 1. The State of Bihar 2. Rakesh Kumar Singh S/O Badri Narayan Singh R/O Village- Bakar, P.O and P.S- Feshar, Distt.- Aurangabad. 3. District Manager, Bihar State Food and Civil Supplies Corporation, Aurangabad. Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Sanjay Kumar, Advocate For the State : Mr. Bharat Bhushan, APP For the B.S.F.C. : Mr. Nirmal Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 09-01-2026 Heard learned counsel appearing on behalf of the petitioner, learned APP appearing on behalf of the State and learned counsel appearing on behalf of the B.S.F.C.. 2. This petition has been filed for modification of order dated 17.04.2025 passed in Cr. Misc. No. 11006 of 2025 by this Court to the extent of correction in the operative part of the aforesaid order and for extension of period to surrender. 3. It is submitted by learned counsel for the petitioner that due to inadvertent error, in the operative part of the Patna High Court CR. MISC. No.56776 of 2025(3) dt.09-01-2026 2/3 aforesaid order dated 17.04.2025, it has been directed that the alleged defalcated amount shall be paid by the petitioner in easy installments through demand draft in favour of the “District Manager, Bihar State Food Corporation, Aurangabad” instead of “Aurangbad District Central Cooperative Bank, Aurangabad Branch”. Accordingly, learned counsel for the petitioner requests for necessary correction in the order. 4. In view of reasons assigned in the petition and aforesaid submission of learned counsel appearing on behalf of the petitioner, let Paragraph No. 6 of the order dated 17.04.2025 passed in Cr. Misc. No. 11006 of 2025 be read as follows:- “6. 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 A.C.J.M. IV, Aurangabad in connection with Faser P.S. Case No. 84 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S., along with the following terms and conditions: A. Petitioner shall pay the alleged defalcated amount amounting to Rs.1,97,35,104/- (Rupees one crore ninety-seven lacs thirty- five thousand one hundred four only) in 48 equal monthly installments amounting to Rs. 4,11,148/- (Rupees four lacs eleven thousand Patna High Court CR. MISC. No.56776 of 2025(3) dt.09-01-2026 3/3 one hundred forty-eight only) within a period of two years from the date of furnishing bail- bond through demand draft in favour of Aurangbad District Central Cooperative Bank, Aurangabad Branch. B. A receipt of payment of first installment shall be furnished at the time of furnishing bail bond. C. If petitioner fails to comply the aforesaid direction of this Court, the Court below is free to cancel the bail-bond of the petitioner.” 5. Accordingly, further six weeks’ time from today is granted to the petitioner to surrender and furnish bail-bond before the concerned Court where the case is pending. 6. With the aforesaid directions, order dated 17.04.2025 passed in Cr. Misc. No. 11006 of 2025 is modified to the above extent and this modification petition is allowed. shashank/- (Prabhat Kumar Singh, J) U T