Patna High Court
Kamlesh SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was granted as the allegations did not warrant denial of bail given the licence cancellation and shop closure.
Summary
Kamlesh Singh, a PDS dealer, was implicated in a FIR alleging black‑marketing of essential commodities under Sections 316(2) and 318(4) of the Bihar Negotiable Securities Act, 2023 read with Section 7 of the Essential Commodities Act. The petitioner sought anticipatory bail, contending he was innocent, that his shop was closed at the time of the raid, and that his trade licence had already been cancelled. The State opposed bail, arguing specific allegations of wrongdoing. The Court examined the factual matrix, noting the licence cancellation and the shop’s closure, and found no compelling ground to deny bail. Consequently, the Court granted anticipatory bail subject to a bond, surety, and conditions under Section 2(1)(d) of the BNSS and Section 482(2).
Issues considered
- Whether anticipatory bail can be granted in a case of alleged black‑marketing under the BNSS and Essential Commodities Act
- Whether the cancellation of the petitioner’s trade licence and the closure of his shop at the time of raid justify granting bail
Legislation cited
- Bihar Negotiable Securities Act, 2023 — s. 2(1)(d), 316(2), 318(4), 482(2)
- Essential Commodities Act — s. 7
Subjects
- anticipatory bail
- black marketing
- essential commodities
- PDS dealer
- license cancellation
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20684 of 2026
Arising Out of PS. Case No.-60 Year-2025 Thana- Badem P.S. District- Aurangabad
======================================================
Kamlesh Singh S/O Late Rajkeshwar Singh R/O Vill.- Bara Tetatria, P.S.-
Badem, Dist.- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sudhir Kumar Sinha, Adv.
For the Opposite Party/s : Mr.Parmeshwar Mehta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 13-05-2026 Heard Learned Counsel for the petitioner and
Learned APP for the State.
2. The petitioner is apprehending arrest in connection
with Badem P.S. Case No.60 of 2025 lodged on 19.09.2025, for
the offences punishable under Sections 316(2) and 318(4) of the
B.N.S., 2023 read with Section 7 of the Essential Commodities
Act.
3. As per the prosecution, FIR has been lodged against
the present petitioner with allegation that the Officials had found
black marketing in the PDS shop, which has been done by the
petitioner
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
also submits that the petitioner is a PDS dealer and inspection
Patna High Court CR. MISC. No.20684 of 2026(3) dt.13-05-2026
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made at his shop on the basis of which, show-cause has been
demanded and he has replied the same, but till date, no decision
has been taken on the same. He further submits that when the
officials reached at his shop, then his shop was close, which has
already mentioned in the FIR. He further submits that
petitioner’s license of the PDS shop has been cancelled.
5. Counsel submits that the criminal antecedent of the
petitioner is clean and on the basis of anticipation, FIR has been
lodged against him.
6. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that there is specific allegation
against the petitioner.
7. It transpires to this Court that the license of the
petitioner under Bihar Trade Articles (License Unification) has
already been cancelled and as per the allegation, the day on
which raid was executed, his shop was closed.
8. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
learned Court below within a period of 4 weeks from today, on
furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
as mentioned in Section 2(1)(d) of the BNSS, 2023 to the
Patna High Court CR. MISC. No.20684 of 2026(3) dt.13-05-2026
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satisfaction of ACJM-I, Aurangabad in connection with Badem
P.S. Case No.60 of 2025, subject to the conditions as laid down
U/s 482(2) of the BNSS, 2023
with further condition that after the inspection report,
if it has been found that the petitioner has caused loss to the
Government, then the Officials shall take recourse for the
recovery of the said amount.
(Dr. Anshuman, J)
Prakashmani/-
U T
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