Patna High Court

Manoj Kumar Keshari @ Manoj KeshriversusThe State of Bihar

Decided: 5 May 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

The Court granted anticipatory bail to the petitioner.

Summary

Manoj Kumar Keshari sought anticipatory bail after an FIR was lodged under Section 7 of the Essential Commodities Act alleging that he failed to deliver wheat and rice despite handing over a POS machine. The petitioner argued that his PDS licence had been cancelled before the alleged offence and that the FIR was filed five months after his shop was tagged to another dealer, indicating a false implication. He emphasized his clean antecedent and willingness to cooperate with the investigation. The State opposed the grant of anticipatory bail. The Court, considering the facts and the petitioner's assurances, exercised its power under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and ordered anticipatory bail subject to conditions.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the FIR under Section 7 of the Essential Commodities Act.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Code of Criminal Procedure — s. 438(2)
Essential Commodities Act — s. 7

Subjects

anticipatory bail
Essential Commodities Act
Section 7
PDS licence
black marketing
Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17764 of 2026
                 Arising Out of PS. Case No.-618 Year-2025 Thana- RAMNAGAR District- West Champaran
                 ======================================================
                 Manoj Kumar Keshari @ Manoj Keshri Son of Kishori Keshari R/o Village -
                 Belashpur, Police Station - Ramnagar, District - West Champaran.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Prerna Anand, Advocate
                 For the Opposite Party/s :      Mr. Anand Kishore Choudhary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-05-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offence punishable under Section 7 of E.C. Act.

                                3. Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and the informant

                   alleges that PDS license of the petitioner was cancelled on

                   allegation of black marketing and the petitioner was directed to

                   hand over to POS machine and grain to the dealer with whom

                   his licence was tagged, the petitioner handed over the POS

                   machine but it is alleged that he did not hand over the grain, i.e.,

                   141.16 quintal wheat and 385.93 qunital of rice as recorded.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.17764 of 2026(2) dt.05-05-2026
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          instant case by the informant, it is next submitted that from

          perusal of the F.I.R., it would manifest that license of the

          petitioner was cancelled and thereafter, on 19.05.2025, his

          license was tagged with one PDS of Shashi Prabha, it is thus

          submitted that the PDS licnece was cancelled before 19.05.2025

          and thereafter the instant F.I.R. came to be instituted on

          11.10.2025, i.e., 5 months after the shop of the petitioner was

          tagged with the PDS shop of Shashi Prabha, which casts an

          aspersion on the case of prosecution, it is also submitted that if

          privilege of anticipatory bail is granted, the petitioner will not

          abscond rather will cooperate in the investigation to prove his

          innocence.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case, I am inclined to grant privilege of anticipatory bail

          to the petitioner.

                       7. Let the petitioner, as named above, in the event of

          his arrest or surrender within four weeks from today, be

          enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of the learned S.D.J.M., Bagaha, West Champaran,
            Patna High Court CR. MISC. No.17764 of 2026(2) dt.05-05-2026
                                                        3/3




                      in connection with Ramnagar P.S. Case No. 618 of 2025,

                      subject to the conditions laid down under section 438(2) of the

                      Code of Criminal Procedure/Section 482(2) of the Bharatiya

                      Nagarik Suraksha Sanhita, 2023.



                                                                       (Satyavrat Verma, J)
sanjeev/-

U       T

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