Patna High Court
Shanti Lal RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioner, subject to conditions, under Section 482(2) of the B.N.S.
Summary
Shanti Lal Ram, a PDS dealer, was implicated in a case alleging shortage of wheat and rice and alleged black‑market sales, invoking Section 316(5) of the B.N.S and Section 7 of the Essential Commodities Act. The prosecution’s inspection on 16‑09‑2025 found the shop empty, a broken‑down condition and a shortfall of 107.25 quintals of wheat and 278.70 quintals of rice. The petitioner contended that the shortage was due to a defective e‑POS machine, that no complaint was lodged by any customer, and that his PDS licence had already been cancelled, emphasizing his clean antecedents. The State opposed the grant of anticipatory bail. Considering the nature of the accusation, the cancellation of the licence and the petitioner’s clean record, the Court allowed anticipatory bail subject to a bail‑bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the B.N.S.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the B.N.S in a case under Section 316(5) of the B.N.S and Section 7 of the Essential Commodities Act
- Whether the alleged shortage of food grains, attributed to a defective e‑POS machine, constitutes an offence of black‑market sale
Legislation cited
- B.N.S. — s. 316(5), 482(2)
- Essential Commodities Act — s. 7
Subjects
- anticipatory bail
- black market
- Essential Commodities Act
- Section 316
- Section 7
- PDS licence cancellation
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12300 of 2026
Arising Out of PS. Case No.-61 Year-2025 Thana- BARDAHA District- Araria
======================================================
Shanti Lal Ram Son of Late Bateshwar Ram Resident of Village- Benga, P.S.-
Bardaha, Distriict- Araria (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Kumar Ravish, Advocate
Mr. Sanjay Kumar Sharma, Advocate
For the State : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-02-2026 Heard Mr. Kumar Ravish, learned counsel appearing
on behalf of the petitioner and Mr. Umeshanand Pandit, learned
APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 316(5) of the
B.N.S and Section 7 of the Essential Commodities Act.
3. As per prosecution case, on 16.09.2025 at about
11:47 AM, the P.D.S. shop of this petitioner, who happens to be
a P.D.S. dealer, was inspected and the petitioner was not present
at the shop and the shop was found in a broken-down condition.
Upon further inspection, 107.25 quintals of wheat and 278.70
quintals of rice were found short. It is alleged that the same was
sold by this petitioner in the black market.
Patna High Court CR. MISC. No.12300 of 2026(2) dt.24-02-2026
2/3
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. As a matter of fact, on the alleged date
and time of inspection, due to defective e-POS machine, the
alleged shortage of food grains was found. There is no
complaint by any of the customer that this petitioner is involved
in black marketing of food grains. It is lastly submitted that
P.D.S. license of the petitioner has already been cancelled vide
Memo No. 463 dated 16.09.2025. Petitioner claims clean
antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, nature of accusation, fact that P.D.S. license of the
petitioner has already been cancelled and clean antecedents of
the petitioner, the prayer for grant of anticipatory bail to the
petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.12300 of 2026(2) dt.24-02-2026
3/3
each to the satisfaction of learned Sub-Divisional Judicial
Magistrate, Araria in connection with Bardaha P.S. Case No. 61
of 2025, subject to condition as laid down under Section 482(2)
of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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