Patna High Court

Shiv Lal RamversusThe State of Bihar

Decided: 23 April 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

The court granted regular bail to the petitioner subject to bond and surety conditions.

Summary

Shiv Lal Ram, a 70‑year‑old owner of a Fair Price Shop, was arrested on charges of black‑marketing essential commodities under Sections 316(5) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 7 of the Election Commission Act. The allegation stemmed from a shortage of wheat and rice discovered during an inspection. The petitioner, who has no prior criminal record and has been in custody since 30 January 2026, applied for regular bail. The State opposed the bail, but the court considered the petitioner’s advanced age, clean record, and the nature of the accusation. The court allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties and to appear regularly in trial, warning that non‑cooperation would lead to cancellation of bail.

Issues considered

Whether regular bail should be granted to the petitioner accused under Sections 316(5) and 318(4) of the Bharatiya Nyaya Sanhita, 2023 and Section 7 of the Election Commission Act, considering his age, lack of antecedents, and the nature of the alleged offence.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 316(5), 318(4)
Election Commission Act — s. 7

Subjects

bail
black marketing
essential commodities
age
no criminal antecedent
Bharatiya Nyaya Sanhita
Election Commission Act
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27141 of 2026
                       Arising Out of PS. Case No.-534 Year-2025 Thana- GORAUL District- Vaishali
                 ======================================================
                 Shiv Lal Ram S/O Ram Lkhan Ram @ Late Ram Lakhan Ram R/O Village -
                 Sadhopur Jiwan, P.S- Goraul,Dist- Vaishali

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Mritunjay Kumar
                 For the Opposite Party/s :        Mr. Parmeshwar Mehta
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   23-04-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Goraul P.S. Case No. 534 of 2025 registered for the offence

                   under Section(s) 316(5) and 318(4) of the Bharatiya Nyaya

                   Sanhita, 2023 and Section 7 of the EC Act.

                                3. The allegation against the petitioner is that he is the

                   owner of a Fair Price Shop and at the time of inspection, there

                   was a shortage of food grains (60.53 quintals of wheat and

                   110.07 quintals of rice) from the stock shown in the machine,

                   and thereby the petitioner is alleged to have committed black

                   marketing of essential commodities.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.
Patna High Court CR. MISC. No.27141 of 2026(2) dt.23-04-2026
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          Petitioner is in custody since 30.01.2026 and has no criminal

          antecedent. It is further submitted that the petitioner is about 70

          years of age.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail.

                       6. Considering the aforesaid facts and circumstances,

          the nature of allegation and the age of the petitioner, this

          application for regular bail is allowed.

                       7. Accordingly, let the petitioner, above named, be

          released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Court below where the case is

          pending/successor Court in connection with Goraul P.S. Case

          No. 534 of 2025 subject to conditions that:-

                                             (i). The petitioner shall appear in
                                  the trial regularly either personally or
                                  through his lawyer and shall cooperate in
                                  the trial and non-cooperation in the trial
                                  shall result in cancellation of the bail bond
                                  of the petitioner.


                       8. It is made clear that any observation made herein is

          prima facie in nature and limited solely for the purpose of

          adjudication of the present bail application. Such observations

          shall not be construed as an expression on the merits of the case
            Patna High Court CR. MISC. No.27141 of 2026(2) dt.23-04-2026
                                                        3/3




                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T

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