CR. MISC./41580/2026 of Purushottam Kumar Vs The State of Bihar on 17 August 2026

ORAL ORDER

17-08-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The Petitioner is apprehending his arrest in connection with Nawada Nagar P.S. Case No. 1054 of 2025 registered for the offences punishable under Sections 316(2), 316(5), 318(4) and 3(5) of the BNS.

3. The prosecution case, in brief, is that Pawan Kumar Sah, Senior Cooperative Extension Officer, Nawada Sadar, submitted a written report stating that Nanoura (Kurma) PACS, Block Nawada Sadar, had procured 7,300.8 quintals of paddy during the Kharif Marketing Season 2024–25. Against the equivalent CMR (Custom Milled Rice) of 4,964.5 quintals at the prescribed rate of 68%, only 2,320 quintals of CMR was supplied to the Bihar State Food and Civil Supplies Corporation, Nawada. Consequently, CMR equivalent to the remaining 3,922.5 quintals of paddy, amounting to 2,666.994 quintals (9.11 lots) of CMR, remained undelivered. It is alleged that the prescribed deadline for supply of CMR, i.e. 14.09.2025, had expired. The value of the remaining 3,922.5 quintals of paddy was approximately Rs. 91.21 lakh, representing government funds. The PACS authorities were repeatedly directed, through Office Letter No. 72 dated 22.09.2025, telephone calls and WhatsApp messages, to deposit the said amount. Thereafter, a clarification was also sought through Office Letter No. 74 dated 04.10.2025. However, neither the outstanding amount was deposited nor any satisfactory explanation regarding the non- supply of CMR was furnished. It is, therefore, alleged that Purushottam Kumar,(petitioner), President of Nanoura (Kurma) PACS, and Prince Kumar, Member-cum-Secretary of the said PACS, failed to supply the requisite CMR against the paddy procured during the Kharif Marketing Season 2024-25 and thereby misappropriated/diverted government funds amounting to approximately Rs. 91.21 lakh. On these allegations, the present FIR has been instituted against the aforesaid accused persons under the relevant provisions of law.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. It has further been submitted that the petitioner is not involved in any kind of embezzlement, nor has he misappropriated any such amount. Rather, the present case has been instituted with the intention of harassing the petitioner. It has further been submitted that the petitioner has no criminal antecedent as stated in paragraph 3 of the bail petition. Learned counsel for the petitioner, on instructions, has further submitted that the petitioner is ready to deposit the alleged embezzled amount of Rs. 91.20 lakh to the District Co-operative Bank, Nawada, in 24 equal installments, which shall be subject to the final outcome of the trial and shall not prejudice either of the parties.

5. Learned counsel for the State has not raised any objection to the prayer made on behalf of the petitioner for repayment of the alleged embezzled amount. It has further been submitted that by order dated 01.07.2026, when the matter was heard before a Co-ordinate Bench of this Court, learned counsel for the petitioner had submitted that the petitioner was ready to clear the dues payable to the opposite parties and, accordingly, sought time to file an application in this regard. By way of a supplementary affidavit, the petitioner has undertaken to return/deposit the entire alleged embezzled amount, as mentioned in the FIR, in 24 equal installments before the concerned Co-operative Bank/authority.

6. Heard the parties and perused the record.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of eight weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Nawada, in connection with Nawada Nagar P.S. Case No. 1054 of 2025, subject to the conditions as laid down under Section 482(2) of the (B.N.S.S.), with condition(s):-

(i) The petitioner shall deposit a sum of Rs. 6.21 lakh in the Office of the District Co-operative Officer, Nawada, at the time of furnishing the bail bonds, by way of a demand draft.

(ii) The remaining alleged embezzled amount of Rs. 85 lakh shall be deposited in 24 equal monthly installments of Rs. 3.541 lakh each, on or before the 15th day of every month, in the Office of the District Co- operative Officer, Nawada.

(iii) In the event the petitioner fails to deposit any installment within the stipulated time, the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner.

8. It goes without saying that the aforesaid amount to be deposited by the petitioner shall be subject to the final outcome of the trial.

9. Accordingly, the present application stands allowed.

Jyoti/- (Praveen Kumar, J) U T