Created by Fuzzy Cloud

Patna High Court

Yogendra Kumar DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.