Anticipatory Bail Granted to Branch Manager for Paddy Shortage Attributed to Natural Desiccation and Delayed Lifting.

The applicant, a Branch Manager of Seva Sahkari Samiti Maryadit, Kumhali, was accused of a shortfall in paddy stocks.

On 23.04.2026, a physical verification by the FCI and Cooperative Society revealed a deficit of 690.70 quintals of paddy and 3057 rice bags for the year 2025-2026.

An FIR (Crime No. 49/2026) was registered at P.S. Jamgaon (R) for criminal breach of trust.

The applicant moved the High Court seeking anticipatory bail, contending that the shortage was due to natural drying and a 42-day delay in "lifting" the stock by the Marketing Federation, which, under a tripartite agreement, bore the responsibility for timely transportation.

Whether the applicant is entitled to the grant of anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023, based on the nature of the allegations and circumstances of the stock deficit.

Section 482 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023 (the successor to Section 438 of the CrPC), which governs the grant of bail to persons apprehending arrest.

Section 316(5) of the Bhartiya Nyaya Sanhita (BNS), 2023, regarding criminal breach of trust by a public servant or agent.

The principle that anticipatory bail may be granted when the investigation/trial is likely to be prolonged and there is no flight risk.

The Court examined the applicant's defense that the stock reduction was a result of climatic conditions and administrative delays by the Marketing Association rather than criminal intent.

It noted the applicant’s status as a government servant with permanent residence, reducing the likelihood of him absconding or tampering with evidence.

The Court observed that a similar matter had already resulted in the grant of anticipatory bail to the applicant, suggesting a lack of necessity for custodial interrogation.

While the State opposed the bail, the Court found that since the investigation and subsequent trial would take considerable time, and without commenting on the final merits of the shortage, the applicant met the threshold for discretionary relief.

The Court held that in the event of arrest, the applicant shall be released upon executing a personal bond and one surety, subject to conditions including: full cooperation with the investigation, non-tampering of evidence, regular appearance before the trial court, and a prohibition against committing similar offences in the future.