Patna High Court
Kumari RaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner, subject to a Rs 30,000 bond and conditions under the Bihar Negotiable Securities Act, 2023.
Summary
Kumari Rani, a 61‑year‑old woman, was implicated in a case of alleged black marketing of wheat under Section 7 of the Essential Commodities Act, 1955 after a stock shortage was discovered during a police inspection. The prosecution alleged that the shortage indicated illegal hoarding, while the petitioner contended that a defective POS machine caused the discrepancy and asserted her innocence. The petitioner applied for anticipatory bail, arguing her clean antecedent and the technical error in the inspection. The State opposed the bail, but the Court considered the merits of the bail application under the Bihar Negotiable Securities Act, 2023. The Court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs 30,000 under Section 2(1)(d) of the B.N.S.S., 2023 and subject to conditions of Section 482(2), and ordered the trial court to verify any criminal antecedents.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Negotiable Securities Act, 2023 in a case arising under Section 7 of the Essential Commodities Act, 1955.
- Whether the alleged defect in the POS machine constitutes a sufficient ground to justify bail.
- What conditions and bond amount are appropriate for anticipatory bail in such circumstances.
Legislation cited
- B.N.S.S., 2023 — s. 2(1)(d), 482(2)
- Essential Commodities Act, 1955 — s. 7
Subjects
- anticipatory bail
- Essential Commodities Act
- black marketing
- POS machine defect
- bail bond
- criminal antecedent
- B.N.S.S. 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15850 of 2026
Arising Out of PS. Case No.-12 Year-2026 Thana- GRIYAK District- Nalanda
======================================================
Kumari Rani W/o Ranjeet Kumar R/o Village - Giriyak, P.S - Giriyak, District
- Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raju Kumar, Advocate
Mr. Shubham Samrat, Advocate
For the Opposite Party/s : Mr. Parmeshwar Mehta, A.P.P
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Giriyak P.S. Case No. 12 of 2026 lodged on 07.01.2026,
for the offence punishable under Section 7 of the Essential
Commodities Act, 1955.
3. As per the prosecution, FIR has been lodged against
the sole petitioner. It has been found by the authorities that
during inspection, there was shortage of stock of wheat and it is
due to this reason, allegation of black marketing has been made
against the petitioner.
Patna High Court CR. MISC. No.15850 of 2026(2) dt.25-03-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that the basis of inspection is the report in the POS
machine, but he submits that there was defective POS machine
provided and it is due to this reason, the less stock was found in
the physical verification. Counsel further submits that the
petitioner is a lady aged about 61 years, having clean
antecedent. Counsel submits that no complaint was filed against
the petitioner while she was running the work relating to PDS
shop.
5. Learned APP for the State opposes the prayer for
bail of the petitioner but submits that from the petition, it
transpires that the petitioner is a lady aged about 61 years and
the defence of defective POS machine has been alleged in the
FIR.
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the
satisfaction of Sub-Divisional Judicial Magistrate, Nalanda
Patna High Court CR. MISC. No.15850 of 2026(2) dt.25-03-2026
3/3
(Biharsharif), in connection with Giriyak P.S. Case No. 12 of
2026, subject to the conditions as laid down U/s 482(2) of the
B.N.S.S., 2023.
7. The Trial Court is directed to verify the criminal
antecedent(s) of the petitioner, and in case, it is found at any
stage that the petitioner has concealed the fact about her
criminal antecedent(s), the Trial Court shall take steps for
cancellation of bail bond of the petitioner. However, the
acceptance of the bail bonds in terms of the above-mentioned
order shall not be delayed for the purpose of or in the name of
verification.
(Dr. Anshuman, J)
Divyansh/-
U T
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