Patna High Court
Raja Ram BhuiyanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court granted bail to the petitioner subject to a bond and specified conditions.
Summary
Raja Ram Bhuiyan was arrested in connection with a case alleging shortage of wheat and rice in a PDS shop, charged under Sections 316(5) and 318(4) of the B.N.S, 2023 and Section 7 of the Essential Commodities Act. He contended that he was mistakenly implicated because the FIR named a license holder with a different licence number, although the names were identical, and asserted that he had no prior criminal record and had been in custody since 11‑12‑2024. The State opposed his bail application, while the petitioner’s counsel argued innocence and highlighted the length of his pre‑trial detention. The High Court examined the facts, the lack of antecedents, and the petitioner’s prior bail petition, and decided to grant bail on the condition of a Rs 10,000 bond with two sureties and several compliance conditions. The order directed the petitioner to cooperate with the investigation and prohibited any inducement of witnesses, with provisions for cancellation of bail if false statements were discovered.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences under the B.N.S, 2023 and the Essential Commodities Act.
- Whether the alleged misidentification based on licence numbers warrants bail.
Legislation cited
- B.N.S., 2023 — s. 316(5), 318(4)
- Essential Commodities Act — s. 7
Subjects
- bail
- criminal procedure
- essential commodities
- misidentification
- license
- pre‑trial detention
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14277 of 2026
Arising Out of PS. Case No.-572 Year-2024 Thana- SHERGHATI District- Gaya
======================================================
Raja Ram Bhuiyan, S/o Kesar Bhuiyan @ Kesar Manjhi, R/o Village-
Lachhnaiti, P.S- Sherghati, District- Gaya.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Vishwa Ranjan Choudhary, Advocate
For the State : Mr. Parmeshwar Mehta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Sherghati P.S. Case No.572 of 2024, dated.20.11.2024 registered
for the offences punishable under Sections 316(5), 318(4) of the
B.N.S, 2023 and Section 7 of the Essential Commodities Act.
3. As per allegation, on raid on a P.D.S. shop, no stock
of grain was found, whereas as per the record, there should have
been 144.5 quintal of wheat and 331.75 quintal of rice in the
stock.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case the FIR was lodged against the holder of license no. 06 of
2016, whereas the license no. of the Petitioner is 66 of 2016,
Patna High Court CR. MISC. No.14277 of 2026(2) dt.25-02-2026
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though the name of the accused is the same.
5. He further submits that the petitioner has been
languishing in jail since 11.12.2024 i.e for about one year and
three months.
6. It has also been stated in paragraph no. 3 of the bail
petition that the petitioner has no criminal antecedent.
7. It is also stated in paragraph no. 2 of the bail
petition that the petitioner has moved this Court earlier for
regular bail in Cr. Misc No.54420 of 2025.
8. However, learned APP for the State vehemently
opposes the prayer of the petitioner for bail.
9. Considering the aforesaid facts and circumstances,
this application is allowed, directing the petitioner, above-
named, to be enlarged on bail on his furnishing bail bonds in the
sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of concerned Court below
in connection with Sherghati P.S. Case No.572 of 2024 on the
following conditions:
(i) The petitioner will make himself available for
interrogation by a police officer/court as and when required.
(ii) The petitioner will undertake that
investigation/trial will not get hampered on account of his
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absence or non-cooperation. He must be available to the police
or the court whenever his presence is required.
(iii) The petitioner shall not, directly or indirectly
make any inducement, threat or promise to any person
acquainted with the facts of the case so as to dissuade him from
disclosing such facts to the court or to any police officer.
(iv) In case, it is brought to the notice of the court
below that the petitioner has any criminal antecedents, learned
court below shall cancel the bail bonds of the petitioner after
hearing him and getting satisfied that the petitioner has
concealed his criminal antecedents despite his knowledge of the
same.
(v) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the petitioner.
(Jitendra Kumar, J.)
Chandan/-
U T
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