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Patna High Court

Abhishek Kumar MishraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                         3/3




                       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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