Patna High Court
Sudhir Kumar Sahni @ Sudhir SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Sudhir Kumar Sahni, a PDS dealer, was arrested in September 2025 for alleged misappropriation of large quantities of wheat and rice under Sections 316(5) and 318(5) of the Bihar Negotiable Instruments Act and Section 7 of the Essential Commodities Act. He applied for bail, claiming innocence, that most grains had been supplied to consumers, and that he had been in custody for over seven months. The court examined the facts, noting the prolonged detention and the petitioner's claim of lack of intent to evade trial. Considering these circumstances, the court allowed the bail application. The petitioner was ordered to be released on a bail bond of Rs. 10,000 with two sureties, subject to cooperation with the trial proceedings, and the order was limited to bail without prejudice to the merits of the case.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences under the Bihar Negotiable Instruments Act and the Essential Commodities Act and the length of his pre‑trial detention.
Legislation cited
- Bihar Negotiable Instruments Act — s. 316(5), 318(5)
- Essential Commodities Act — s. 7
Subjects
- bail
- misappropriation of food grains
- Essential Commodities Act
- Bihar Negotiable Instruments Act
- pre‑trial detention
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12183 of 2026
Arising Out of PS. Case No.-50 Year-2025 Thana- HASANPUR District- Samastipur
======================================================
Sudhir Kumar Sahni @ Sudhir Sahni S/o- Late Phuleshwar Sahni @
Fuleshwar Sahni R/v- Sarhachiya @ Sarahchiya Ps- Hasanpur Dist-
Samastipur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhav Kumar
For the Opposite Party/s : Mr.Parmeshwar Mehta
Mr. Shyam Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 27-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Hasanpur P.S. Case No. 50 of 2025 registered for the offence
under Sections 316(5), 318(5) of the BNS and under Section 7
of the EC Act.
3. As per the prosecution case, the petitioner, who
was a PDS dealer, is accused of misappropriating 13,659 Kg of
Wheat and 29,027 Kg of Rice and he has not given the details of
the aforesaid food grains to the next dealer with whom his
customers were attached.
4. The petitioner is in custody since 28.09.2025.
5. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.12183 of 2026(3) dt.27-04-2026
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the petitioner is innocent and has falsely been implicated in this
case. He further submits that most of the alleged misappropriate
food grains have been supplied to the consumers but he has
gone to jail and therefore could not give the details of the food
grains. He next submits that the petitioner has remained in
custody for more than 7 months.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the concerned Court below in connection with Hasanpur P.S.
Case No. 50 of 2025.
8. As a condition of this order, the petitioner, after
being released on bail, is directed to co-operate in the trial either
by appearing personally or through his lawyer in the trial Court
on each and every date fixed by the trial Court. Non-compliance
of the condition will result in cancellation of the bail bonds of
the petitioner.
9. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
Patna High Court CR. MISC. No.12183 of 2026(3) dt.27-04-2026
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any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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