Patna High Court
Gudiya DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner with specified conditions.
Summary
The petitioner, Gudiya Devi, applied for anticipatory bail in a case registered under Section 7 of the Essential Commodities Act alleging loss of food grains worth Rs 25.52 lakh from her PDS shop. The prosecution claimed the grains were missing and presumed sold on the black market. The petitioner contended she has no criminal antecedent, the shop is operated by her husband and she is ready to appear before the District Supply Officer to settle any amount due. The Court, considering her clean record, gender, and willingness to cooperate, granted anticipatory bail subject to a bail bond, sureties and several conditions including appearance before authorities and non‑interference with witnesses. The order directs her to appear before the District Supply Officer on 31‑03‑2026 and the bail remains valid for four weeks from the receipt of the order.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 7 of the Essential Commodities Act.
- Whether the petitioner’s lack of criminal antecedent and willingness to cooperate justify the grant of anticipatory bail.
- What conditions may be imposed while granting anticipatory bail in such matters.
Legislation cited
- Essential Commodities Act — s. 7
Subjects
- anticipatory bail
- Essential Commodities Act
- Section 7
- PDS shop
- missing food grains
- bail conditions
- criminal antecedent
- supply officer
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17135 of 2026
Arising Out of PS. Case No.-537 Year-2025 Thana- PAROO District- Muzaffarpur
======================================================
Gudiya Devi W/O Rakesh Thakur Wife of Rakesh Thakur, Resident of
Village- Kodariya, Mango, P.S.- Paroo, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Narendra Kumar Singh, Advocate
: Mr. Sudish Kumar, Advocate
For the State : Mr. Jitendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 25-03-2026 Heard the parties.
2. The petitioner is apprehending her arrest in
connection with Paroo P.S. Case No. 537 of 2025 registered for
the offence under Sections 7 of Essential Commodities Act,
lodged on 11.10.2025 by the informant, Rakesh Ranjan Kumar.
3. As per the prosecution story, the Block Supply
Officer, Paroo Block alleged that he inspected the P.D.S.
License Shop of the petitioner and found anomalies/missing of
the food grains and it can be presumed that it has been sold
against the black market. The lost has been assessed as
Rs.25,52,855/- and accordingly, the F.I.R..
4. Learned counsel for the petitioner submits that she
Patna High Court CR. MISC. No.17135 of 2026(2) dt.25-03-2026
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is a lady having no criminal antecedent, the P.D.S. Shop is run
by the husband but the license is in her name. Further, the
petitioner is ready to appear before the District Supply Officer,
Muzaffarpur to satisfy/if any amount is pending to repay.
5. Learned APP Mr. Jitendra Kumar Singh opposes
the prayer submitting that upon inspection, the food grains
worth Rs.25,52,855/- were found missing. However, he submits
that since the petitioner is ready to approach the District Supply
Officer, Muzaffarpur, appropriate order can be passed.
6. Considering the submissions of the parties, though
allegation is there against the petitioner, she has no criminal
antecedent, is a lady and is ready to appear before the District
Supply Officer, Muzaffarpur and further upon providing the
chart is ready to satisfy/repay the amount, in that background,
this Court is inclined to extend her the privilege of anticipatory
bail.
7. The petitioner shall be appearing before the
District Supply Officer, Muzaffarpur on 31.03.2026 at 11 AM
where after the concerned office in free to fix date according to
his/her convenience and shall be providing her the chart. The
petitioner is free to satisfy the officer and to the needful
thereafter.
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8. Let the petitioner be released on bail in the event
of arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Sub-Divisional Judicial Magistrate,
West, Muzaffarpur, in connection with Paroo P.S. Case No.
537 of 2025 subject to the following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner 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 bail bond by the Trial Court itself;
(iv) the petitioner 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;
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(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at
liberty to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
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