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Patna High Court

Sudhir Kumar Sahni @ Sudhir SahniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                      3/3




                    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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