Patna High Court
Yogendra Kumar DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Yogendra Kumar Das, a PDS shop owner, was implicated in a case alleging shortage of rice and wheat sold in the black market, leading to an FIR under Section 318(4) of the Bharatiya Nyaya Sanhita and Section 7 of the Essential Commodities Act. The petitioner argued that the raid was conducted on 5 September 2025 but the FIR was filed 12 days later without explanation, and that his shop's ePOS machine was malfunctioning and his PDS license had already been suspended. The State opposed the bail application. The Patna High Court, considering the license suspension and the delay in filing the FIR, granted anticipatory bail, directing the petitioner to surrender within eight weeks and to furnish a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 318(4) of the Bharatiya Nyaya Sanhita and Section 7 of the Essential Commodities Act.
- Whether the 12‑day delay between the raid and filing of the FIR warrants bail.
- Effect of the petitioner’s suspended PDS licence on the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 318(4)
- Essential Commodities Act — s. 7
Subjects
- anticipatory bail
- essential commodities
- PDS shop
- shortage of food grains
- black market sale
- license suspension
- delay in FIR
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12304 of 2026
Arising Out of PS. Case No.-250 Year-2025 Thana- KADWA District- Katihar
======================================================
Yogendra Kumar Das Son of Aitabari Das @ Etwari Ram Resident Of Village
- Chouni, Ps- Kadwa, Dist- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pawan Kumar Singh, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Section 318(4) of the Bharatiya
Nyaya Sanhita and Section 7 of the Essential Commodities Act.
3. As per F.I.R., during inspection of the PDS shop of
petitioner, total 57.74 quintal rice and 9.64 quintal wheat were
found to be in shortage which were, allegedly, sold in the black
market by the petitioner.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. The raid
was conducted on 5.09.2025 whereas, F.I.R. was lodged on
17.09.2025 i.e., after inordinate delay of 12 days without any
explanation. As a matter of fact, ePOS machine of the shop in
question was not working properly. It is further submitted that
PDS license of petitioner has already been suspended.
Patna High Court CR. MISC. No.12304 of 2026(2) dt.24-02-2026
2/2
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the fact that PDS license of the
petitioner has been suspended, this anticipatory bail is allowed
and it is ordered that let the above named petitioner in the event
of his arrest/surrender before the court below within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Sub-Divisional Judicial
Magistrate, Katihar in connection with Kadwa P. S. Case No.
250 of 2025, subject to condition as laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…