Patna High Court
Subhash RawversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that bail should be granted to the petitioner subject to a bond and sureties.
Summary
Subhash Raw, a PDS dealer, was named in an FIR for alleged violations of Section 318(4) of the BNS and Section 7 of the Essential Commodities Act, based on purported shortages of 73.11 quintals of rice and 49.79 quintals of wheat in his shop. The petitioner contended that the alleged shortages were false, that rice and wheat are no longer listed as essential commodities, and highlighted his clean antecedent. The State opposed the grant of bail, arguing the prima facie nature of the offences. The Court examined the factual submissions and noted that the allegations, while prima facie, did not preclude bail. Accordingly, the Court directed that the petitioner be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNS. The bail order was issued pending further proceedings in the case registered as Lauriya P.S. Case No. 417 of 2025.
Issues considered
- Whether the prima facie allegations under the Essential Commodities Act and Section 318(4) of the BNS justify denial of bail.
- Whether the alleged shortage of rice and wheat constitutes an offence warranting custody.
- Whether the petitioner is entitled to bail under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the BNS.
Legislation cited
- BNS — s. 318(4)
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Essential Commodities Act — s. 7
Subjects
- bail
- Essential Commodities Act
- Section 7
- BNS Section 318(4)
- Criminal Procedure Code Section 438
- Section 482
- PDS dealer
- prima facie allegation
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10818 of 2026
Arising Out of PS. Case No.-417 Year-2025 Thana- LAURIA District- West Champaran
======================================================
Subhash Raw S/o Late Mahadev Raw R/o Village- Barwa Kala, Ward No.3,
P.S- Lauriya, Dist- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailesh Kumar
For the Opposite Party/s : Mr.Navin Kr. Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-02-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Lauriya P.S. Case No.
417 of 2025 registered for the offences punishable under Sections
318(4) of the BNS and Section 7 of the EC Act.
3. As per FIR, petitioner alleged as not to follow the rule
under Essential Commodities Act and also as per e-POS machine
shortage 73.11 quintals of rice and shortage of 49.79 quintals of
wheat were found in the shop of petitioner, who is a PDS dealer.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that upon inspection petitioner alleged as
not to follow the rule under EC Act. It is submitted that upon
verification of godown shortage of rice and wheat which alleged to
be pointed out at serial no. 5 of the written information given to
police found false. It is submitted that wheat and rice, now are no
more in the list of Essential Commodities Act and moreover in
Patna High Court CR. MISC. No.10818 of 2026(2) dt.24-02-2026
2/2
want of disclosing that what ought to be the total stored quantity
of wheat and rice merely on the basis of shortage of the food-
grains the allegation as raised not appears convincing. While
concluding argument, it is submitted that petitioner is a man of
clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact as prima-facie allegation appears on the basis
of irregularities as not to comply rule under EC Act, accordingly
petitioner above-named, in the event of his arrest or surrender
before the court below within a period of four weeks, is directed to
be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned ACJM-1st, Bettiah, West
Champaran/concerned Court, where the case is pending in
connection with Lauriya P.S. Case No. 417 of 2025, subject to the
conditions as laid down under Section 438(2) of the Cr.P.C/
Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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