Patna High Court
Munni Kumari @ Shrimati Munni KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Criminal Procedure Code — s. 482(2)
- Essential Commodities Act — s. 7
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
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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
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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/-
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