Patna High Court

SANJIT KUMAR RAOversusThe State of Bihar

Decided: 25 March 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The court granted bail to the petitioner, subject to a bond and sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Sanjit Kumar Rao, sought bail in a criminal case registered under Section 7 of the Essential Commodities Act for alleged shortfall of 421.58 quintals of foodgrains during a PDS shop inspection. He contended that the FIR was lodged after a five‑year delay without proper verification and that he had no criminal antecedents or consumer complaints of black‑marketing. The petitioner also highlighted that his PDS licence had been cancelled and he had filed an appeal against that cancellation before the District Magistrate. The State opposed the bail application. Considering the delay in filing the FIR, the petitioner’s clean record, and the nature of the allegation, the court granted bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

Whether bail should be granted in a case under Section 7 of the Essential Commodities Act given the delay in lodging the FIR
Whether the petitioner’s clean antecedent and lack of evidence of black‑marketing justify bail
Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita permits the court to release the petitioner on bail

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Essential Commodities Act — s. 7

Subjects

bail
Essential Commodities Act
Section 7
delay in FIR
PDS licence cancellation
black marketing
Section 482(2)
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17917 of 2026
                 Arising Out of PS. Case No.-623 Year-2025 Thana- RAMNAGAR District- West Champaran
                 ======================================================
                 Sanjit Kumar Rao Son of Awadh Kishor Rao Resident of Village - Diuliya,
                 Police Station - Ramnagar, District - West Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Milind Kumar Mishra, Advocate
                 For the Opposite Party/s :      Mr. Parmeshwar Mehta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   25-03-2026                          Permission is granted to learned counsel for the

                   petitioner to make necessary correction in the prayer portion of

                   the bail application.

                                   2. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                   3. The petitioner apprehends his arrest in a case

                   registered under Section 7 of the Essential Commodities Act.

                                   4. As per the F.I.R., during inspection of the PDS

                   shop of the petitioner, 421.58 quintals of foodgrains were found

                   short.

                                   5.    Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and has falsely

                   been implicated in the present case only on the basis of

                   suspicion. Further submission is that the F.I.R. has been lodged
Patna High Court CR. MISC. No.17917 of 2026(2) dt.25-03-2026
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          after 5 years without proper verification. The PDS license of the

          petitioner has already been cancelled by the authorities

          concerned against which the petitioner has filed appeal before

          the District Magistrate, Bettiah, West Champaran. He further

          submits that no consumer till date has made any complaint

          against the petitioner with regard to black marketing of

          foodgrains and there is no evidence against the petitioner to

          show that the petitioner has involved in black marketing of the

          foodgrains. Petitioner has got no criminal antecedent and he

          undertakes to cooperate in the investigation and trial.

                        6. Learned A.P.P. for the State opposed the prayer for

          bail.

                        7. Having considered the facts and circumstances of

          the case, submissions of learned counsel for the parties, nature

          of allegation, delay in lodging the F.I.R. and clean antecedent of

          the petitioner, let the above named petitioner be released on bail,

          in the event of arrest or surrender before the learned court below

          within a period of six weeks from today, on furnishing bail bond

          of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the

          like amount each to the satisfaction of learned Sub-Divisional

          Judicial Magistrate, Bagaha, West Champaran in connection

          with Ramnagar P.S. Case No. 623 of 2025, subject to the
            Patna High Court CR. MISC. No.17917 of 2026(2) dt.25-03-2026
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                      conditions as laid down under Section 482(2) of the Bharatiya

                      Nagarik Suraksha Sanhita.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T

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