Patna High Court
Abhay DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
- Code of Criminal Procedure, 1973 — s. 482(2)
- Essential Commodities Act, 1955 — s. 7
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
2/5
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
3/5
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
4/5
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
5/5
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
Checking your session…