Patna High Court
Dharamjeet Singh @ Dharjit SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
The petitioner, Dharamjeet Singh, a PDS dealer, was implicated in a case under Section 7 of the Essential Commodities Act, 1955 for alleged black‑marketing of 33,887 kg of food grains. The prosecution’s case was based on a discrepancy in the quantity recorded on an e‑POS machine after his licence was cancelled and his shop attached. The petitioner contended that a technical fault in the e‑POS system caused the erroneous record and that he had physically distributed the grains to beneficiaries, maintaining a register of signatures. He applied for anticipatory bail, asserting his innocence and clean antecedents. The court, after noting the technical issue, granted anticipatory bail subject to a bail bond, sureties and conditions including appearance before the trial court and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite allegations under Section 7 of the Essential Commodities Act, 1955.
- Whether the technical defect in the e‑POS machine negates the prosecution’s basis for denying bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Essential Commodities Act, 1955 — s. 7
Subjects
- anticipatory bail
- Essential Commodities Act
- black marketing
- technical defect
- e‑POS machine
- PDS dealer
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15455 of 2026
Arising Out of PS. Case No.-400 Year-2025 Thana- RAFIGANJ District- Aurangabad
======================================================
Dharamjeet Singh @ Dharjit Singh Son of Late Sant Bilash Singh Resident of
Village- Kajapa, P.S.- Rafiganj, District- Aurangabad (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailesh Kumar Singh, Adv.
For the Opposite Party/s : Mr.Parmeshwar Mehta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection
with Rafiganj P.S. Case No. 400 of 2025 dated 13.09.2025
registered for the offence punishable under Section/s 7 of the
Essential Commodities Act, 1955.
3. As per the prosecution case, the petitioner, a P.D.S.
dealer, was found involved in irregularities during inspection of
his shop. A show-cause notice was issued on 08.07.2024, and
despite his reply, further inspection was ordered. After
inspection on 17.09.2024, his P.D.S. license was cancelled on
19.09.2024. Subsequently, his shop was attached to another
dealer, Kanchan Kumar, and the E-POS machine was handed
over to him. It is alleged that 33,887 kg of food grains were not
Patna High Court CR. MISC. No.15455 of 2026(2) dt.12-03-2026
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handed over, indicating black marketing by the petitioner,
leading to the filing of the FIR.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
instant case. It is next 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. It is further submitted that the petitioner had informed
the concerned authority about the technical defect in the POS
machine and, therefore, he distributed the grains physically to
the beneficiaries after taking their signatures in the register, but
the opposite party did not consider the same prior to lodging the
F.I.R. Lastly, it is submitted that the petitioner is a person of
clean antecedent.
5. Learned APP for the State opposes the prayer for grant
of anticipatory bail.
6. Having heard learned counsel for the parties and taking
into account that there had been technical issue in uploading the
status on ePOS machine, let the petitioner, above named, be
released on anticipatory bail in the event of his arrest or
surrender before the court below within a period of four weeks
from today on furnishing bail bond of Rs. 10,000/- (rupees ten
Patna High Court CR. MISC. No.15455 of 2026(2) dt.12-03-2026
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thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Aurangabad,
Bihar in connection with Rafiganj P.S. Case No. 400 of 2025,
subject to the condition as laid down under Section 482(2) of
the B.N.S.S. 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 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 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;
(Ajit Kumar, J)
rishi/-
U T
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