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Patna High Court

Munni Kumari @ Shrimati Munni KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the technical malfunction in the ePOS system justified granting bail to the petitioner.

Summary

Munni Kumari was implicated in a case under Section 7 of the Essential Commodities Act for alleged black‑marketing of subsidised wheat and rice from her PDS shop, based on discrepancies shown in an ePOS machine. The FIR alleged that the quantities displayed in the POS system did not match the physical stock, suggesting a shortage. The petitioner contended that a technical glitch in the ePOS system, exacerbated by COVID‑related delays, caused the erroneous figures and that she had no criminal antecedents. The State opposed bail, while the petitioner relied on earlier decisions where similar technical issues led to bail being granted. The Court, noting the technical issue and lack of prima facie evidence, granted bail subject to conditions under Section 482(2) of the Criminal Procedure Code.

Issues considered

  • Whether the petitioner is entitled to bail pending trial in a case under Section 7 of the Essential Commodities Act.
  • Whether the alleged technical glitch in the ePOS machine negates the prima facie case of black‑marketing.
  • Whether the conditions prescribed under Section 482(2) of the Criminal Procedure Code are applicable.

Legislation cited

Subjects

  • bail
  • Essential Commodities Act
  • black marketing
  • technical glitch
  • ePOS
  • Section 7
  • Section 482
  • Criminal Procedure Code
  • PDS
  • COVID‑19

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15450 of 2026
                     Arising Out of PS. Case No.-217 Year-2025 Thana- KAMTAUL District- Darbhanga
                 ======================================================
                 Munni Kumari @ Shrimati Munni Kumari W/o Mithilesh Kumar @ Mithilesh
                 Paswan R/o Village- Ratanpur Ward No.2, P.S- Kamtaul, Dist- Darbhanga.
                                                    ... ... Petitioner/s
                                                  Versus
                 The State of Bihar                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kumar Gaurav
                 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 her arrest in

                   connection with Amhara P.S. Case No.217 of 2025, dated

                   05.10.2025, registered for the offence punishable under Section

                   7 of the Essential Commodities Act.

                                   3. As per the FIR, during an inspection of the

                   petitioner’s PDS shop on 08.07.2024, the food grains shown in

                   the POS machines were not physically found in the godown,

                   indicating a shortage of wheat and rice. The shop was later

                   inspected again on 09.09.2025 through the PDS Parakh App,

                   where no food grains were found, though stock was shown in

                   the POS machine attached after the death of dealer Vishwanath

                   Jha. It was alleged that the petitioner had black-marketed

                   subsidized food grains.

                                   4. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.15450 of 2026(2) dt.12-03-2026
                                            2/3




          case. It is further submitted that, due to a technical issue, the

          wrong quantity was reflected on the ePOS machine, based on

          which allegations of black marketing were made against the

          petitioner. The petitioner had approached the authorities to make

          the necessary corrections, but such corrections could not be

          made during the COVID period. He further submits that similar

          issues had arisen in various districts, and FIRs based on similar

          allegations were filed, in which the respective parties had

          approached this Court. The coordinate Bench of this Court,

          considering the technical glitch as the reason for reflecting the

          wrong figures of wheat and rice quantity, granted bail to them

          vide Cr. Misc. No.88866 of 2025 dated 12.01.2026 and vide Cr.

          Misc. No.60288 of 2025 dated 08.09.2025. 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. Considering that there had been technical issue in

          uploading the status of ePOS machine, let the above named petitioner,

          be released on bail, in the event of her 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 Ten Thousand) with two

          sureties of the like amount each to the satisfaction of
               Patna High Court CR. MISC. No.15450 of 2026(2) dt.12-03-2026
                                                           3/3




                         the    learned     District     &       Additional   Sessions    Judge-1,

                         Darbhanga/Successor Court in connection with Kamtaul P.S.

                         Case No.217 of 2025, 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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