Patna High Court
Abhishek Kumar MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner, Abhishek Kumar Mishra, sought anticipatory bail after being implicated in a case under Section 7 of the Essential Commodities Act for allegedly misappropriating food grains via an e‑POS machine. The prosecution alleged that he forged thumb impressions of 82 ration card holders to black‑market PDS grains, while the petitioner contended that he is not a PDS dealer, has clean antecedents, and that the alleged shortage was due to a defective e‑POS machine. No complaint was lodged by any ration card holder, and the petitioner argued that the accusation was based merely on suspicion. The State opposed the bail, but the court considered the petitioner’s lack of prior offences, the nature of the accusation, and the absence of concrete evidence. Consequently, the court granted anticipatory bail, directing that if arrested within eight weeks, the petitioner be released on a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438
- Essential Commodities Act — s. 7
Subjects
- anticipatory bail
- Essential Commodities Act
- black marketing
- e‑POS machine
- clean antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2226 of 2026
Arising Out of PS. Case No.-247 Year-2025 Thana- DEV District- Aurangabad
======================================================
Abhishek Kumar Mishra S/o Late Naval Kishore Mishra R/o Village- Kurka,
Ps- Deo, Dist- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Vipin Kumar Singh, Advocate
For the State : Mr. Parmeshwar Mehta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 24-03-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 7 of the
Essential Commodities Act.
3. As per prosecution case, it is alleged that this
petitioner, who happens to be son of a deceased P.D.S. dealer,
misappropriated and black marketed P.D.S. food grains by
affixing his thumb impression against 82 ration card holders in
the e-POS machine.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.2226 of 2026(3) dt.24-03-2026
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behalf of the petitioner that petitioner is quite innocent and has
committed no offence. As a matter of fact, due to defective e-
POS machine, the alleged shortage of food grains was found.
There is no complaint by any of the customer that this petitioner
is involved in black marketing of food grains. It is lastly
submitted that petitioner is not a P.D.S. dealer and has falsely
been implicated in this case merely on suspicion. Petitioner
claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the
case, nature of accusation, fact that petitioner is not a P.D.S.
dealer and clean antecedents of the petitioner, the prayer for
grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned C.J.M., Aurangabad in
connection with Deo P.S. Case No. 247 of 2025, subject to
Patna High Court CR. MISC. No.2226 of 2026(3) dt.24-03-2026
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condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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