Patna High Court
Satish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that anticipatory bail is appropriate in the present case, subject to specified conditions.
Summary
The petitioners, Satish Kumar and his father Surendra Sharma, sought anticipatory bail fearing arrest in a case (Masaurhi PS Case No.428 of 2025) alleging procurement of a fake ration card and illegal receipt of subsidised food grains under sections 318(4), 316(2), 338, 336(2) and 340(2) of the Bihar Non‑Statutory (B.N.S.) Act. The prosecution argued that the petitioners have criminal antecedents, while the defence highlighted that the ration card was prepared by the village mukhiya, the complaint was filed by a litigant adversary, the father is 73 years old, and the petitioners are already on bail in the matter. The court considered the documentary nature of the case, the petitioners’ willingness to cooperate, and the lack of prior conviction, and granted anticipatory bail subject to a bail bond of Rs 10,000 with two sureties, one of whom must be a close relative, and a condition of cooperation with the investigation. The order also empowered the prosecution to seek cancellation of bail if the petitioners fail to cooperate. The judgment thus balances the presumption of innocence with the need to ensure investigation proceeds.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused of procuring a fake ration card under the specified sections of the B.N.S. Act.
- Whether the petitioners’ alleged criminal antecedents justify denial of anticipatory bail.
- Whether the involvement of the village mukhiya in preparing the ration card and the documentary nature of the evidence affect the bail decision.
Legislation cited
- B.N.S.S., 2023 — s. 482
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- anticipatory bail
- fake ration card
- subsidy fraud
- Criminal Procedure Code
- Bihar Non‑Statutory Act
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24968 of 2026
Arising Out of PS. Case No.-428 Year-2025 Thana- MASAUDHI District- Patna
======================================================
1. Satish Kumar S/O Surendra Sharma R/O Village- Gopalpur, P.S- Masaurhi,
Distt.- Patna.
2. Surendra Sharma @ Surendra Singh S/O Late Ram Payare Singh R/O
Village- Gopalpur, P.S- Masaurhi, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Priyanshu Kumar Singh, Advocate
For the Opposite Party/s : Mr.Nand Kishore Prasad, A.P.P.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioners and learned
A.P.P for the State.
2. The petitioners apprehend their arrest in a case
registered under Sections 318 (4), 316 (2), 338, 336 (2) and 340 (2)
of B.N.S.
3. As per the prosecution case, petitioners procured fake
ration card by concealing facts and was taking subsidized food
grains.
4. Learned counsel for the petitioners submits that there
is an allegation of preparation of fake ration card in favour of these
petitioners who are son and father for taking subsidized food grains.
It is submitted that the said ration card was prepared by the mukhiya
and the said complaint has been made by one Basukinath Mishra
Patna High Court CR. MISC. No.24968 of 2026(2) dt.01-05-2026
2/3
with whom the petitioners are having litigating terms which would be
evident from the Annexure-2. It is further submitted that while
petitioner no. 2 is about 73 years old, petitioner no. 1 is his son and
the case is based on documents and they undertake to co-operate in
the investigation of the trial.
5. Learned A.P.P. for the State opposes the prayer for
bail on the ground that these petitioners have criminal antecedents.
However, in response, it is submitted that petitioners are on bail in
the said case.
6. Taking into consideration the facts and circumstances
and also considering the fact that the matter relates to procuring of
ration card which was prepared by the mukhiya, and the case is
based on documents coupled with the fact that the petitioners
undertake to co-operate in the investigation, let the petitioners, in the
event of their arrest or surrender before the learned Court below
within a period of four weeks, be released on anticipatory bail in
connection with Masaurhi P.S. Case No. 428 of 2025 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 subject to the condition laid down under
Section 438(2) of the Code of Criminal Procedure/Section 482(2) of
the B.N.S.S, 2023, subject to the conditions that:-
(i) One of the bailors would be close relative/family
members of the petitioners.
Patna High Court CR. MISC. No.24968 of 2026(2) dt.01-05-2026
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(ii) Petitioners are directed to co-operate in the
investigation and in case of their non-cooperation, the prosecution
would be at liberty to file an application for cancellation of their bail
bonds.
(Soni Shrivastava, J)
vashudha/-
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