Accusations must be supported by substantial evidence; bail can be granted considering custody duration and prior records.

CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

3 30-01-2026 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the B.S.F.C..

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 316(5), 318(4), 328, 336(3), 340(2) and 3(5) of the B.N.S..

3. As per prosecution case, this petitioner is Member of the Managing Committee of Ahiro PACS which is alleged to have embezzled food grains worth Rs. 29,23,392/-.

4. It is submitted by learned counsel for 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 Member of the Managing Committee of Ahiro PACS. As a matter of fact, the entire transaction of purchase and supply of food grains was done by the Chairman and Manager of the Managing Committee of Ahiro PACS and petitioner has got no role to play in the alleged offence. Moreover, charge-sheet has already been submitted and petitioner, having no criminal antecedents, is in custody since

13.08.2025.

5. Learned A.P.P. for the State and learned counsel appearing on behalf of the B.S.F.C. have vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, period of custody and clean antecedents of the petitioner, the prayer for grant bail of to the petitioner is allowed.

7. Accordingly, let the above named petitioner be released 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 Chief Judicial Magistrate, Banka in connection with Dhoraiya P.S. Case No. 361 of 2024.

(Prabhat Kumar Singh, J)