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Patna High Court

Satish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail must be granted as the allegations are based only on suspicion and lack substantive evidence.

Summary

Satish Kumar, a PDS dealer, was named in an FIR for allegedly keeping 168 bags of urea fertilizer for black marketing, alleged under Section 7 of the Essential Commodities Act. The petitioner argued that the urea had only recently been received and not yet entered in the POS system, making the allegation merely speculative. The prosecution opposed bail, citing the petitioner’s involvement in four other criminal cases for which he is on bail. The court examined the material and found that the charge rested on suspicion without concrete evidence of black marketing. Consequently, the court ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the BNSS. The decision underscores that bail may be granted when the case is founded on mere suspicion despite prior criminal antecedents.

Issues considered

  • Whether bail should be granted to the petitioner in a case under Section 7 of the Essential Commodities Act based solely on suspicion of black marketing.
  • Whether the petitioner’s prior criminal cases affect his entitlement to bail.

Legislation cited

Subjects

  • bail
  • black marketing
  • Essential Commodities Act
  • suspicion
  • PDS dealer
  • urea fertilizer
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19149 of 2026
                  Arising Out of PS. Case No.-222 Year-2025 Thana- KUNDWACHAINPUR District- East
                                                       Champaran
                 ======================================================
                 Satish Kumar S/o Binda Rai @ Binda Yadav, R/v Jagiraha, P.S.
                 Kundwachainpur, District- East Champaran at Motihari.
                                                                            ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Rajesh Kumar, Adv.
                 For the Opposite Party/s :     Mr. Navin Kr. Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER
2   31-03-2026                      Heard the parties.

                                2. The petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Kundwachainpur

                   P.S. Case No. 222 of 2025 registered for the offences

                   punishable under Sections 7 of E.C. Act.

                                3. The allegation against petitioner is to keep 168

                   bag of Urea fertilizer for the purpose of black marketing.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that admittedly the petitioner is a

                   PDS dealer and as the “Urea” received by him few days back

                   only, it was not entered with “POS Machine” reflecting stock.

                   It is submitted that for said irregularities only it was

                   suspected that petitioner might involve in black marketing of

                   Urea and therefore the entire implication is based upon
            Patna High Court CR. MISC. No.19149 of 2026(2) dt.31-03-2026
                                                        2/2




                      suspicion. Explaining criminal antecedents, it is submitted

                      that petitioner found involved in four more criminal cases,

                      where he is on bail.

                                   5. Learned APP opposes the prayer of bail.

                                   6. In view of aforesaid factual submission and by

                      taking note of fact as prima-facie on the basis of suspicion

                      that petitioner may commit black-marketing, his implication

                      appears made with present case, accordingly petitioner

                      above-named, in the event of his arrest or surrender before

                      the court below within a period of four weeks, is directed to

                      be released on bail, furnishing bail bond of Rs. 10,000/-

                      (Rupees Ten Thousand) with two sureties of the like amount

                      each to the satisfaction of the learned SDJM, Dhaka East

                      Champaran, Motihari /concerned Court, where the case is

                      pending in connection with Kundwachainpur P.S. Case No.

                      222 of 2025, subject to the conditions as laid down under

                      Section 482(2) of BNSS.



                                                                (Chandra Shekhar Jha, J)
Sudha/-
U       T


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