CR. MISC./42913/2025 of Mithlesh Kumar Vs The State of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42913 of 2025
Arising Out of PS. Case No.-257 Year-2024 Thana- LALGANJ District- Vaishali
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Mithlesh Kumar S/O Sri Vijay Kumar Rai @ Vijay Kishor Ray R/O Village-
Zafrabad, P.S- Lalganj, Distt.- Vaishali, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Cooperative Extension Officer Lalganj Dist- Vaishali
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Shravan Kumar, Advocate
Mrs. Monika Singh, Advocate
For the Opposite Party/s: Mr. Nityanand Tiwary, APP
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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
7 05-02-2026 Heard Mr. Shravan Kumar, learned counsel for the
petitioner, Mr. Nityanand Tiwary, learned APP for the State and
perused the case diary.
2. The petitioner apprehends arrest in Lalganj P.S.
Case No. 257 of 2024, registered under Sections 420, 409 and
34 of the Indian Penal Code.
3. The prosecution case, in short, is that co-accused
Sudhanshu Abhilasha has committed breach of trust with respect
to 2501.8 quintal paddy procured from the farmers worth Rs.
55,23,819.84/-.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.42913 of 2025(7) dt.05-02-2026
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present case. Learned counsel for the petitioner also submitted
that the petitioner is the manager of the PACS godown and he
was not involved weighing the paddy before it was kept in the
godown and as such, he was not aware of the total weight of the
paddy kept in the godown. No specific allegation has been
attributed against the petitioner rather the same is general and
omnibus in nature. The petitioner has got no criminal
antecedent. Learned counsel for the petitioner further submitted
that other co-accused has been granted regular bail by this Court
vide order dated 25.03.2025 passed in Cr. Misc. No. 89956 of
2024 in which co-accused has agreed to pay the misappropriated
amount i.e. Rs. 55,23,819.84/- in easy installments.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named in the event of arrest/surrender
before the learned Court below within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Lalganj P.S. Case
No. 257 of 2024, subject to the conditions as laid down under
Patna High Court CR. MISC. No.42913 of 2025(7) dt.05-02-2026
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Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
Rajorshi/-
(Rudra Prakash Mishra, J)
U T