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Patna High Court

Dharamjeet Singh @ Dharjit SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                           3/3




                        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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