Patna High Court
Krishnandan PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The application for regular bail was allowed.
Summary
Krishnandan Paswan, the son of a deceased PDS shop dealer, was charged under Sections 316(2), 316(5), 318(4) of the B.N.S and Section 7 of the Essential Commodities Act for allegedly failing to deliver wheat and rice after his mother’s death. The petitioner contended that he is not a PDS dealer, that the shop and its inventory were transferred to another dealer after his mother’s death, and that he was falsely implicated because of his familial relationship. He has no prior criminal record and has been in custody since 28‑12‑2025. The State opposed the bail, arguing the seriousness of the offences. After considering the submissions and the lack of evidence of tampering, the Court granted regular bail on a bond of Rs.10,000 with two sureties, allowing the petitioner to be released.
Issues considered
- What is the appropriateness of granting regular bail to the petitioner accused under Sections 316(2), 316(5), 318(4) of the B.N.S and Section 7 of the Essential Commodities Act?
Legislation cited
- B.N.S. — s. 316(2), 316(5), 318(4)
- Essential Commodities Act — s. 7
Subjects
- bail
- Essential Commodities Act
- PDS
- false implication
- criminal procedure
- Section 316
- Section 318
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10582 of 2026
Arising Out of PS. Case No.-55 Year-2025 Thana- MOTIPUR District- Muzaffarpur
======================================================
Krishnandan Paswan Son of Gujran Paswan Resident of Village- Kalyanpur
Harauna, P.S.- Motipur, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raju Kumar, Adv
: Mr.Abhash, Adv
: Mr.Shubham Samrat, Adv
For the Opposite Party/s : Mr.Parmeshwar Mehta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Motipur P.S. Case No.
55 of 2025 registered for the offences punishable under Sections
316(2), 316(5), 318(4) of the B.N.S and Section 7 of the E.C.
Act.
3. As per the prosecution case, after the death of one
Poonam Devi, a PDS shop dealer, this petitioner, who happens
to be dependent son of deceased Poonam Devi did not deliver
102.77 quintals of wheats and 209.45 quintals rice, which was
shown on E-Posh machine to another PDS shop dealer as per
order of the department concerned.
Patna High Court CR. MISC. No.10582 of 2026(3) dt.01-04-2026
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4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. Learned counsel for the petitioner has submitted that
petitioner is not a PDS dealer and he has been made an accused
as he is the relative of the deceased Poonam Devi, who was the
licencee of the PDS shop and moreover she died in the year
2021 and her dealership was canceled on 17.08.2021 and after
her death, the PDS shop was allotted to one Suresh Kumar
Sharma and everything was given to the transferee. The present
case has been filed after four years of death of Poonam Devi and
all the items including E-Posh machine was handed to the
transferee at the time of allotment and since petitioner happens
to be the son of Poonam Devi he has purposely been made an
accused. It has lastly been submitted that the petitioner has no
criminal antecedent and is in custody since 28.12.2025.
Chargesheet has been field in this case and there is no
allegation of tempering.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the
parties and taking into account the facts and circumstance of the
case, let the petitioner above-named, be enlarged on bail on
Patna High Court CR. MISC. No.10582 of 2026(3) dt.01-04-2026
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furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Muzaffarpur in connection with
Motipur P.S. Case No. 55 of 2025
7. The application stands allowed.
(Praveen Kumar, J)
niku/-
U T
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