Patna High Court
Rajendra PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Bail was granted to the petitioner subject to a bond and specific conditions.
Summary
The petitioner, Rajendra Paswan, a PDS shop owner, was implicated in a case (Fatehpur P.S. Case No.26 of 2026) for alleged illegal sale of food grains, leading to an FIR under Section 7 of the Essential Commodities Act. He contended that the shortage recorded in the ePOS system was due to a technical error during the 2020 lockdown, and that his application to correct the records was ignored, resulting in licence cancellation. The petitioner, having no prior criminal record, sought bail, arguing innocence and procedural lapses. The State opposed bail. The Court, noting the technical issue in the ePOS uploads, granted bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the CrPC, including appearance requirements and non‑tampering with evidence. The order emphasizes the need for procedural fairness and safeguards while the investigation proceeds.
Issues considered
- Whether bail should be granted to the petitioner accused under Section 7 of the Essential Commodities Act.
- Whether the alleged technical error in the ePOS system justifies the grant of bail.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or committing further offences.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
- Essential Commodities Act — s. 7
Subjects
- bail
- Essential Commodities Act
- Section 7
- ePOS system
- PDS licence
- technical error
- food grain shortage
- lockdown
- Section 482(2) CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15437 of 2026
Arising Out of PS. Case No.-26 Year-2026 Thana- FATEHPUR District- Gaya
======================================================
Rajendra Paswan S/oLate Rohan Paswan R/o Village - Lodhwe, Panchayat -
Uttri Lodhwe, Block - Fatehpur, P.S - Fatehpur, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhananjaya Nath Tiwari
For the Opposite Party/s : Mr. Parmeshwar Mehta
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 12-03-2026 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in connection
with Fatehpur P.S. Case No.26 of 2026, dated 12.01.2026,
registered for the offence punishable under Section 7 of the EC
Act.
3. As per the FIR, during the inspection of the
petitioner’s PDS shop on 06.09.2025, a shortage of rice and wheat
was found in the godown as per the ePOS machine records. It was
suspected that the petitioner had illegally sold the food grains.
Thereafter, a show cause notice was issued to the petitioner;
however, his reply was found to be unsatisfactory. Subsequently, a
second inspection was conducted, which also revealed a further
shortage of food grains. Consequently, the PDS licence of the
petitioner was cancelled.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this case.
It is further submitted that during the lockdown period in the year
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2020, wheat to the tune of 128.04 quintals and rice to the tune of
85.36 quintals were never physically supplied to the petitioner;
however, the same were wrongly uploaded in the ePOS machine of
the petitioner by the authorities. As soon as the petitioner came to
know that the aforesaid wheat and rice had been wrongly uploaded
in his ePOS machine, he filed an application on 25.08.2020 before
the Block Supply Officer, Fatehpur, requesting deletion of the
same and necessary correction in the ePOS machine. The said
application has been appended with the bail application as
Annexure-P/2. However, the same was never considered by the
authorities, and without taking any steps on the application dated
25.08.2020, they straightaway cancelled the licence of the
petitioner and also lodged the FIR for which the petitioner is
seeking bail. Lastly, it is submitted that the petitioner has no
criminal antecedents.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail of the petitioner.
6. Taking into account that there had been technical
issue in uploading the status on ePOS machine, let the above
named petitioner, be released on bail, in the event of his arrest or
surrender before the learned Court below within a period of six
weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees
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Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned CJM, Gayaji/Successor Court in
connection with Fatehpur P.S. Case No.26 of 2026, subject to the
conditions as laid down under Section 482(2) of the BNSS as well
as the following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document/ personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of
his/her/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty to
take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
shikha/-
U T
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