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Patna High Court

Rajendra PaswanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.15437 of 2026(2) dt.12-03-2026
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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
               Patna High Court CR. MISC. No.15437 of 2026(2) dt.12-03-2026
                                                           3/3




                         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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