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Patna High Court

Subhash RawversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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