The court grants bail based on the falsity of allegations and prior bail granted to a co-accused, emphasizing trial cooperation.

For the Petitioner/s : Mr.Aryan Singh, Advocate For the Opposite Party/s : Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

3 22-01-2026 Heard Mr.Aryan Singh, learned counsel for the petitioner and Mr.Anil Kumar, learned A.P.P. for the State.

2. The petitioner seeks bail, who is in custody since

06.09.2025 in connection with Ranitalab P.S. Case No. 166 of 2025, F.I.R. dated 22.04.2025 registered for the offence punishable under Sections 409 and 420 of IPC.

3. Allegation against the petitioner is that he was the Manager of the Barah PACS in the year 2022-23 and for construction of a warehouse of 1000MT capacity, Rs. 34,80,000/- had been released to the PACS, but the construction was not completed and in this way government money was embezzled.

4. Learned counsel appearing for the petitioner submits that the allegation as alleged in the FIR is false and fabricated. Petitioner is Ex-Manager of the PACS in question. As per allegation in the FIR, the PACS has given a contract of construction of Warehouse and for the same purpose, Rupees Thirty Four Lacs and Eighty Thousand has been disbursed. Learned counsel for the petitioner submits that from a bare perusal of the FIR it appears that the petitioner and co-accused persons had already constructed the Warehouse upto linter and altogether the total amount for construction of the Warehouse was Rs.Fifty Eight Lacs so petitioner has already completed the work up to the amount for which he has received and co- accused person, namely, Pawan Kumar, who happens to be the Chairman of the PACS, has been granted privilege of anticipatory bail by a Coordinate Bench of this Hon’ble Court vide order dated 12.12.2025 passed in Cr. Misc. No.76579 of 2025 and the police, after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since

06.09.2025.

5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries three more cases other than the present one, as mentioned in para-3 of the bail petition.

6. Considering the aforesaid fact, co-accused person, namely, Pawan Kumar, who happens to be the Chairman of the PACS, has been granted privilege of anticipatory bail by a Coordinate Bench of this Hon’ble Court and petitioner is in custody since 06.09.2025, let the petitioner, above named, 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 Judicial Magistrate, First Class, Danapur, Patna in connection with Ranitalab P.S. Case No. 166 of 2025, with the following conditions:-

(I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J)