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Patna High Court

Gudiya DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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.
Patna High Court CR. MISC. No.17135 of 2026(2) dt.25-03-2026
                                            3/4




                       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;
            Patna High Court CR. MISC. No.17135 of 2026(2) dt.25-03-2026
                                                        4/4




                                   (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/-

U      T


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