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Patna High Court

Abhay DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner had made out a prima facie case for pre‑arrest bail and ordered his release on bail.

Summary

The petitioner, Abhay Das, was arrested in connection with a case under Section 7 of the Essential Commodities Act alleging misappropriation of rice and wheat from his PDS shop. The FIR claimed a large discrepancy between e‑POS records and actual stock, with only a fraction of beneficiaries receiving grains. The petitioner argued that the loss was due to procedural lapses by the Block Supply Officer, that the license had been cancelled, and that he was granted the license on compassionate grounds, thus seeking pre‑arrest bail. The State contended that the petitioner had admitted the quantity and was involved in black‑marketing, opposing bail. The court, after considering the allegations and the procedural irregularities, held that the petitioner had made out a prima facie case for bail and ordered his release on pre‑arrest bail subject to a bond and sureties.

Issues considered

  • Whether pre‑arrest bail should be granted in a case under Section 7 of the Essential Commodities Act.
  • Whether the procedural lapses of the Block Supply Officer and the cancellation of the petitioner’s licence negate the prima facie case against the petitioner.
  • Whether the provisions of Section 20 of the Bihar Targeted Public Distribution System (Control) Order, 2016, affect the grant of bail.

Legislation cited

Subjects

  • pre‑arrest bail
  • Essential Commodities Act
  • misappropriation
  • public distribution system
  • Section 7
  • Section 20
  • Bihar law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1154 of 2026
                    Arising Out of PS. Case No.-286 Year-2025 Thana- BAGHA District- West Champaran
                 ======================================================
                 Abhay Das, male, aged about 41 years, son of Late Ram Nath Prasad
                 Sinduriya, resident of ward no. 30, Ahirani Tola, PS- Bagaha, Bagaha, West
                 Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjeev Kumar Mishra, Sr. Advocate
                                                  Ms. Adya Pandey, Advocate
                                                  Mr. S.K. Upadhyay, Advocate
                 For the Opposite Party/s :       Mr. Ajit Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

3   18-04-2026                      Heard Mr. Sanjeev Kumar Mishra, learned senior

                   counsel assisted by Ms. Adya Pandey, learned counsel appearing

                   on behalf of the petitioner and Mr. Ajit Kumar, learned APP for

                   the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Bagaha Thana P.S. Case No. 286 of 2025, registered for the

                   offence      punishable      under      Section      7   of    the    Essential

                   Commodities Act.

                                 3. As per the allegation made in the FIR, upon

                   inspection of the PDS shop of the petitioner, the Assistant

                   District Supply Officer found that although 339.72 quintals of

                   rice and 90.62 quintals of wheat were shown as available in the
Patna High Court CR. MISC. No.1154 of 2026(3) dt.18-04-2026
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          e-POS records, the said stock was found missing from the

          warehouse. Relevant records of measurement and weighing

          were also not properly maintained or updated. Despite being

          called upon to explain the discrepancies, the accused failed to

          submit any reply. A subsequent review by the Sub-Divisional

          Officer, Bagaha, for the period March 2025 to August 2025

          revealed that out of 378 ration cards linked to the shop, food

          grains were distributed to only about 70–80 beneficiaries. The

          prosecution alleges that these circumstances indicate arbitrary

          functioning of the shop and misappropriation/black-marketing

          of government food grains by the accused.

                       4. Learned counsel appearing on behalf of the

          petitioner submitted that petitioner is innocent and has falsely

          been implicated in the present case. She further submitted that

          after grant of license, the licnesee with whom the P.D.S. shop of

          the petitioner was tagged, had made a joint application before

          the Block Supply Officer and has clearly mentioned the amount

          of wheat and rice quantity. She further submitted that despite

          specific directions issued by the Sub-Divisional Officer,

          Bagaha, vide Memo No. 415 dated 18.07.2024, the Block

          Supply Officer failed to verify the stock position, and the

          present prosecution has arisen due to such inaction and illegal
Patna High Court CR. MISC. No.1154 of 2026(3) dt.18-04-2026
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          conduct on his part. Learned counsel submits that the quantity

          of food grains has already been acknowledged by the erstwhile

          licensee, who at the relevant time was made in-charge of the

          PDS shop of whose licensee was the father of the petitioner,

          who died and the petitioner was granted license on

          compassionate ground, therefore, the petitioner cannot be held

          liable for the alleged loss forming the basis of the FIR. The

          license of the petitioner has already been cancelled against

          which he has availed appropriate legal remedy. On these

          grounds, petitioner seeks to be released on pre-arrest bail.

                       5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail and submitted that the

          petitioner has himself admitted and accepted the quantity by

          filing a joint application before the Block Supply Officer. There

          was a clear shortage of food grains, which were meant for

          distribution to the beneficiaries, and the petitioner has been

          found involved in misappropriation/black-marketing of the said

          grains. In view of the seriousness of the allegations the

          petitioner don't deserve to be released on pre-arrest bail.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, having perused the allegation made in

          the FIR, the counter affidavit reveals that a joint application was
Patna High Court CR. MISC. No.1154 of 2026(3) dt.18-04-2026
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          filed by the petitioner along with the licensee, who at the

          relevant time was made in-charge of the PDS shop of whose

          licensee was the father of the petitioner, who died and the

          petitioner was granted license on compassionate ground. The

          action of the Block Supply Officer shows that he has

          deliberately not adhered to the required procedure prescribed

          under Section 20 of the Bihar Targeted Public Distribution

          System (Control) Order, 2016 and have even not complied with

          the direction of the Sub Divisional Officer by determining the

          amount of loss in presence of both the licensee. The Block

          Supply Officer is solely responsible for the loss as has been

          ascertained. Moreover the petitioner has already suffered and his

          license has been cancelled, though against illegal order, he has

          already availed remedy. I am of the opinion that petitioner has,

          prima facie, made out a case to be released on pre-arrest bail.

                       7. The petitioner, above named, is directed to be

          released on pre-arrest bail, in the event of his/her arrest or

          surrender before the learned District Court within a period of

          four weeks from today, on furnishing bail bond of Rs. 10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the learned District Court where the

          case is pending, in connection with Bagaha Thana P.S. Case No.
              Patna High Court CR. MISC. No.1154 of 2026(3) dt.18-04-2026
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                        286 of 2025, subject to the condition as laid down under Section

                        482(2) of the BNSS.

                                     8. The learned District Court is directed to verify

                        the criminal antecedent of the petitioner as stated in

                        paragraph no. 3 of the bail application. If any other case is

                        pending against the petitioner as what has been stated in

                        paragraph no. 3, this order will lose its force automatically.



                                                   (Purnendu Singh, J)
Niraj/-

U         T


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