Patna High Court
Dhirendra MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to a bail bond and specific conditions.
Summary
The petitioner, Dhirendra Mishra, a senior citizen and PDS dealer, was implicated in a case (PS Case No.302 of 2025) alleging large‑scale misappropriation of wheat and rice meant for the Public Distribution System, invoking Sections 303(2) and 318(4) of the B.N.S. and Section 7 of the Essential Commodities Act. Mishra contended that the grains were distributed as per instructions during the COVID‑19 pandemic, that the E‑POS records were flawed, and that no consumer complaints were lodged; he also highlighted that his license was cancelled despite a pending representation. He sought anticipatory bail, relying on his clean antecedent, senior citizen status, and a recent precedent where Chatri Yadav was granted anticipatory bail in a similar matter. The State opposed the bail on the basis of the FIR allegations. The Court, noting the petitioner’s personal circumstances and the precedent, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and several conditions under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the allegations of misappropriation of food grains.
- Whether the petitioner’s senior citizen status, clean antecedent, and the precedent of Chatri Yadav justify granting anticipatory bail.
- Whether Section 482(2) of the BNSS permits the Court to impose bail conditions in this case.
Legislation cited
- B.N.S. — s. 303(2), 318(4), 482(2)
- Essential Commodities Act — s. 7
Subjects
- anticipatory bail
- food grain misappropriation
- Public Distribution System
- Essential Commodities Act
- senior citizen
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23712 of 2026
Arising Out of PS. Case No.-302 Year-2025 Thana- DARBHANGA SADAR District-
Darbhanga
======================================================
Dhirendra Mishra Son of Shivnandan Mishra Resident of Village- Atihar,
Ward No. 9, P.S.- Sadar, District- Darbhanga- 846007
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Ravi Shankar, Adv.
For the Opposite Party/s : Mr.Parmeshwar Mehta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Darbhanga Sadar PS Case No. 302 of 2025 registered on
21.09.2025 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 meant 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 45,292 kilograms of
wheat and 34,324 kilograms of rice was shown available with
Patna High Court CR. MISC. No.23712 of 2026(2) dt.16-04-2026
2/4
the petitioner whereas no wheat or rice was found in the
Godown of the petitioner.
5. Learned counsel for the petitioner, contradicting
the allegation made against him, submits that the distribution of
the food-grains has been made and the records of the same was
maintained in the register as there was some flaws in the E-pos
machine. It is further submitted that in the midst of COVID-19,
during course of distribution of food-grains, there was a
direction by the authority to the PDS dealers to distribute the
food grains to all the beneficiaries including the Pravashi
Bhartiya who were not consumer of the concerned dealer.
Accordingly, the petitioner distributed 4,224 kilograms of wheat
and 30,716 kilograms of rice on the instructions of the
concerned authority and thumb impressions of the beneficiaries
were duly obtained in the distribution register in presence of a
Magistrate.
6. It has next been averred that a representation was
submitted for adjustment of the distributed food-grains, but no
action was taken. Thereafter, the petitioner had approached the
High Court in writ petition being CWJC No. 984 of 2025
wherein the SDO-cum-Licensing Authority, Darbhanga was
directed to consider the petitioner’s representation and to pass a
Patna High Court CR. MISC. No.23712 of 2026(2) dt.16-04-2026
3/4
reasoned order after giving a proper hearing to the petitioner but
the concerned authority outrightly rejected the representation of
the petitioner and cancelled his license. 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 or fraud. Petitioner
is a senior citizen and has got clean antecedent. Lastly, it has
been submitted that in a similarly situated case one Chatri Yadav
has been granted anticipatory bail by the Co-ordinate Bench of
this Court in Cr. Misc. No.23241 of 2026 on 10.04.2026.
7. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
8. Considering the submissions of the parties, petitioner
is a senior citizen and he has got clean antecedent and in a similarly
situated case one Chatri Yadav has been granted anticipatory bail by
the Co-ordinate Bench of this Court in Cr. Misc. No.23241 of 2026,
this Court is inclined to extend him the privilege of anticipatory bail.
9. Let the petitioner, above named, be released on
bail in the event of arrest or surrender within a period of six
weeks from the receipt of this order, on furnishing bail bond of
Rs. 10,000/- (Ten thousand) with two sureties of like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Patna High Court CR. MISC. No.23712 of 2026(2) dt.16-04-2026
4/4
Darbhanga in connection with aforesaid PS Case, subject to the
conditions as laid down under Section 482(2) of the BNSS as
well as the following conditions:-
(i) one of the bailors should be the
family member/relative of the petitioner(s)
who shall provide official document to show
his/her bona fide;
(ii) the petitioner(s) shall appear
on each and every date before the Trial
Court and failure to do so for two
consecutive dates without plausible reason
will entail cancellation of his/their bail
bond by the Trial Court itself;
(iii) the petitioner(s) shall in no
way try to induce or promise or threat the
witnesses or tamper with the evidences,
failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist
from committing any criminal offence again,
failing which the State shall be at liberty to
take steps for cancellation of his/their bail
bonds.
(Ajit Kumar, J)
perwez
U T
Checking your session…