IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17016 of 2026 Arising Out of PS. Case No.-358 Year-2025 Thana- Raghunathpur District- East Champaran ====================================================== Tarkeshwar Prasad @ Tarkeshwar Kumar S/o- Late Tanu Prasd Verma @ Late Nanhu Prasad Verma viilage- Raghunathpur PS-Raghunathpur Dist- East Champaran ... ... Petitioner/s Versus 1. The State of Bihar 2. The Bihar State Food and Civil Supplies Corporation, Ltd. District Manager, Motihari Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 08-04-2026 1. Heard learned counsel for the petitioner, learned A.P.P. for the State and the learned counsel appearing on behalf of the BSFC. 2. The petitioner apprehends his arrest in connection with Raghunathpur P.S. Case No.358/2025, registered for the offences punishable under Sections 316(5), 318(4) and 61(2) of the B.N.S., 2023. 3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and the informant alleges that Ominor Agro Industries Pvt. Ltd. for Kharif Season 2023- 24 purchased grains from 9 PACS, but did not deposit the CMR till 31.10.2024 with the SFC, Motihari i.e. the last date fixed by Patna High Court CR. MISC. No.17016 of 2026(2) dt.08-04-2026 2/3 the government, as a result, all 9 PACS became defaulters, it is next alleged that petitioner by his letter dated 12.11.2024 addressed to the District Cooperative Officer, East Champaran, Motihari, took the responsibility of purchasing grains of 7 PACS, being Proprietor of the aforesaid Pvt. Ltd. company and even assured that the defalcated amount would be deposited in the CC account of the Samiti by 30.11.2024, but despite lapse of considerable time, the money was not deposited, thus the instant FIR was instituted alleging that petitioner misappropriated an amount of Rs.1,74,19, 438.31/-. 4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that no doubt the petitioner has accepted his liability to pay the amount but then time was not given to him by the authorities and the instant FIR came to be instituted. 5. Learned A.P.P. for the State and the learned counsel appearing on behalf of the BSFC opposes the prayer for anticipatory bail of the petitioner. Learned counsel appearing on behalf of the BSFC submits that petitioner does not dispute that he had purchased grains from 9 PACS but then the requisite CMR was not deposited with the SFC, Motihari by 31.10.2024, Patna High Court CR. MISC. No.17016 of 2026(2) dt.08-04-2026 3/3 as such letters were written by the District Cooperative Officer to the petitioner dated 27.07.2024 and 21.09.2024, requesting the petitioner to pay the amount, the petitioner even accepted his liability and assured that the payment would be made by 30.11.2024 by his letter dated 12.11.2024 but then petitioner did not pay a single penny, even after considerable period of time lapsing after 30.11.2024, it was then that the authorities realized that petitioner had misappropriated the amount and does not intend to return the amount. It is also submitted that grains purchased by the private limited company of the petitioner was meant for poor people but then petitioner misappropriated the entire grain for his benefit, which amply demonstrates his conduct, more so when the petitioner even accepts his liability. 6. Considering the submissions made by the learned counsel for the BSFC, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner. 7. The anticipatory bail application of the petitioner is rejected. amit/- (Satyavrat Verma, J) U T