Patna High Court
Sanjiv Kumar Paudar @ Sanjiv Kumar PoddarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, in the absence of concrete evidence and having deposited the value of the alleged withdrawn ration, the petitioners are entitled to bail.
Summary
The petitioners, Sanjiv Kumar Paudar and Ful Kumar Paudar, were arrested in connection with a case alleging illegal withdrawal of PDS ration in the name of a deceased person. They contended that the allegation was false and motivated by a personal dispute with a co‑villager, Ram Sundar Paudar. The petitioners deposited Rs 9,847 with the government treasury, representing the value of the alleged withdrawn rice, and argued that the ration system requires thumb‑impression matching, making the alleged fraud impossible. The Additional Public Prosecutor could not demonstrate how the ration was withdrawn without such matching. Considering the deposit of the alleged loss and the lack of substantive evidence, the court ordered the release of the petitioners on bail subject to the conditions of Section 482(2) of the Criminal Procedure Code. The bail bond was set at Rs 10,000 each with two sureties.
Issues considered
- Whether the petitioners are entitled to bail pending trial for offences under Sections 316(3), 316(5), 336(3) and 318(4) of the Bihar Food Security Act, 2023
- Whether the deposit of the alleged loss of ration by the petitioners negates the necessity of continued detention
- Whether the prosecution has established a prima facie case of illegal withdrawal of ration without thumb‑impression verification
- Whether the court may exercise its inherent powers under Section 482(2) of the Criminal Procedure Code to grant bail
Legislation cited
- Bihar Food Security Act, 2023 — s. 316(3), 316(5), 318(4), 336(3)
- Criminal Procedure Code — s. 482(2)
Subjects
- bail
- ration withdrawal
- false implication
- Section 482
- Criminal Procedure Code
- Bihar Food Security Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30885 of 2026
Arising Out of PS. Case No.-15 Year-2026 Thana- BHAPTIAHI District- Supaul
======================================================
1. Sanjiv Kumar Paudar @ Sanjiv Kumar Poddar S/o Rambilas Paudar R/o vill
- Shahpur Prithvipatti, P.S.- Bhaptiyahi, Distt.- Supaul.
2. Ful Kumar Paudar @ Ful Kumar Poddar S/o Rambilas Paudar R/o vill -
Shahpur Prithvipatti, P.S.- Bhaptiyahi, Distt.- Supaul.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Mishra, Advocate
Mr. Suraj Kumar, Advocate
For the Opposite Party/s : Mr.Ajay Kumar No. 2, APP
For the victim : Mr. Saurav Barial, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 12-05-2026 Heard learned counsel appearing on behalf of
the petitioners and learned Additional Public Prosecutor
appearing on behalf of the State.
2. The accused/petitioners apprehending their
arrest in connection with Bhaptiyahi P.S. Case No. 15 of
2026 registered for the offences punishable under
Sections 316(3), 316(5), 336(3) and 318(4) of BNS,
2023.
3. As per FIR, petitioners alleged to withdraw
the ration against the name of dead person from the
shop of his father, who is a PDS dealer.
Patna High Court CR. MISC. No.30885 of 2026(2) dt.12-05-2026
2/4
4. It is submitted by learned counsel appearing
on behalf of the petitioners that the petitioners were
implicated falsely on the instance of one co-villager,
namely, Ram Sundar Paudar, with whom the petitioners
in inimical terms out of different village issues. It is
submitted that there is no personal grievance of said
Ram Sundar Paudar and merely on the basis of the
documents what he said to obtained from different
source, the present implication was raised. It is
submitted that this type of illegal withdraw of food
grains is not possible, for the reason that the ration
distributed amongst consumers after matching of their
thumb impression. However, it is submitted that to
negotiate the matter under police pressure, the
petitioners deposited sum of Rs. 9,847/- with
government treasury equivalent to cost of rice, which
was alleged to be withdrawn.
5. Explaining criminal antecedent, it is
submitted that petitioners found involved in four criminal
Patna High Court CR. MISC. No.30885 of 2026(2) dt.12-05-2026
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cases, where in one of the similar case after
investigation police found false and closure report was
submitted. It is pointed out that all those cases are of
different nature, where petitioners are on bail
6. Learned APP, duly assisted by learned
counsel Mr. Saurav Barial, appearing on behalf of the
informant opposed the prayer of bail, however, he could
not submitted satisfactorily that how without matching
with thumb impression, the ration in issue was
withdrawn against the name of dead person.
7. In view of aforesaid factual submissions and
by taking note of fact as prima facie matter appears
settled now as petitioners admittedly deposited cost
equivalent to withdrawn ration with the government
treasury, accordingly, both above named petitioners, in
the event of their arrest or surrender before the learned
trial Court, within a period of four weeks of the order, is
directed to be released on bail furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties
Patna High Court CR. MISC. No.30885 of 2026(2) dt.12-05-2026
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of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Supaul/concerned Court, where
the case is pending in connection with Bhaptiyahi P.S.
Case No. 15 of 2026 subject to the conditions as laid
down under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
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