Patna High Court
Chatri YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioner, subject to a bail bond, sureties, and compliance with the conditions of Sections 438(2) Cr.P.C. and 482(2) BNSS.
Summary
Chatri Yadav, a licensed PDS dealer, was implicated in an FIR alleging large‑scale misappropriation of wheat and rice meant for the Public Distribution System, invoking Sections 303(2) and 318(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Section 7 of the Essential Commodities Act. The petitioner claimed the alleged shortfall was due to a flaw in the e‑pos machine records and that distribution had actually been made, with no consumer complaints filed. He sought anticipatory bail, arguing he had no prior criminal record and that his licence had already been suspended. The State opposed the bail on the basis of the FIR allegations. The Court, considering the suspension, the absence of antecedents, and the petitioner’s representation before the licensing authority, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and compliance with Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- What is the appropriateness of granting anticipatory bail under Section 438 Cr.P.C. and Section 482 BNSS in view of the allegations under Sections 303(2) and 318(4) of BNSS and Section 7 of the Essential Commodities Act?
- Does the suspension of the petitioner’s PDS licence and the absence of any criminal antecedent influence the decision on anticipatory bail?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 303(2), 318(4), 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Essential Commodities Act — s. 7
Subjects
- anticipatory bail
- misappropriation of food grains
- Public Distribution System
- license suspension
- e‑pos machine records
- BNSS
- Essential Commodities Act
- Criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23241 of 2026
Arising Out of PS. Case No.-301 Year-2025 Thana- DARBHANGA SADAR District-
Darbhanga
======================================================
Chatri Yadav S/O Late Rabi Yadav @ Rabi Yadav R/O Village- Kabirchak,
P.S- Sadar, Distt.- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Ravi Shankar, Advocate
For the Opposite Party/s : Mr. Parmeshwar Mehta, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 10-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 303(2),
318(4) of the B.N.S. and Section 7 of the E.C. Act.
3. The allegation in the First Information Report is of
large-scale misappropriation of food grains by the petitioner
which are for distribution under the Public Distribution System.
4. Learned counsel for the petitioner submits that the
petitioner is a PDS dealer against whom there is allegation that
on the E-pos machine records, stock of 21,238 kilograms of
wheat and 60,582 kilograms of rice was being shown available
with the petitioner thereby making an allegation against him that
Patna High Court CR. MISC. No.23241 of 2026(2) dt.10-04-2026
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he has not distributed food grains. However, it is submitted that
the said distribution has been made and the records of the same
was maintained in the register as there was some flaw in the
machine. The petitioner had even approached the High Court in
writ petition for consideration of his representation made before
the Licensing Authority, Darbhanga to consider his problem. It
has also been submitted that no consumer has raised any
complaint with regard to non-distribution of the food grains, as
such, the petitioner has not done any black marketing..
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
circumstances and considering the submissions made on behalf
of the petitioner and further considering the fact that his license
has already been suspended, coupled with the fact that he has no
criminal antecedent, let the above named petitioner, be released
on bail, in the event of his arrest or surrender before the learned
Court below within a period of four 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
the learned Court below where the case is pending/successor
Patna High Court CR. MISC. No.23241 of 2026(2) dt.10-04-2026
3/3
Court in connection with Darbhanga Sadar P.S. Case No. 301 of
2025, subject to the condition as laid down under Section 438
(2) of the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik
Suraksha Sanhita (BNSS), 2023.
(Soni Shrivastava, J)
anand/-
U T
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