Patna High Court
Md. Firoj @ Md. Firoj AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioner subject to a bond and sureties under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
Md. Firoj Alam, a 70‑year‑old PDS dealer, was arrested under Section 7 of the Essential Commodities Act for alleged shortage of wheat and rice and black‑marketing. He contended that the physical verification of his godown was illegal, the grains had already been distributed, no complaint was lodged against him, and the FIR was filed after an unexplained delay, possibly due to personal enmity with a Block Supply Officer. The State opposed his bail application. The Court examined the circumstances, including the petitioner’s age, clean antecedent, and the questionable verification process, and decided to grant bail. Bail was conditioned on a bond of Rs. 10,000 with two sureties of the same amount and subject to Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. The order thus releases the petitioner from custody pending trial, subject to the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to bail in a case under Section 7 of the Essential Commodities Act.
- Whether the FIR and the physical verification of stock were conducted in accordance with law.
- Whether personal enmity and delay in filing the FIR affect the grant of bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Essential Commodities Act — s. 7
Subjects
- bail
- Essential Commodities Act
- Section 7
- black marketing
- PDS dealer
- Bhartiya Nagrik Suraksha Sanhita
- Section 482
- FIR delay
- personal enmity
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30899 of 2026
Arising Out of PS. Case No.-213 Year-2025 Thana- KUMAR KHAND District- Madhepura
======================================================
Md. Firoj @ Md. Firoj Alam son of Late Md. Anwar Alam Resident of
village- Chandi Asthan, Panchayat Baisath, Ps- Kumarkhand, Dist-
madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Uday Chand Prasad, Ms. Pooja Prasad and
Mr. Rishi Sinha, Advocates
For the Opposite Party/s : Mr.Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 02-07-2026 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 offence under Section 7 of the E.C. Act.
3. As per F.I.R., petitioner is a P.D.S. Dealer and upon
physical verification of Godown of petitioner, there was
shortage of 70.67 quintals of wheat and 291.89 quintals of rice
and F.I.R. has been instituted also for indulging in black-
marketing.
4. Learned counsel for the petitioner submits that the
alleged physical verification of stock was not done in
accordance with law and was made behind the back of
petitioner. In fact, the alleged foodgrains were already
distributed among the customers and not a single complaint was
made against petitioner. As a matter of fact, petitioner was
Patna High Court CR. MISC. No.30899 of 2026(3) dt.02-07-2026
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instrumental in lodging the complaint against the Block Supply
Officer, which was lodged by one Rajendra Ram (another PDS
dealer), and this petitioner participated in the meeting of PDS
dealers and being annoyed with the same, the informant (Block
Supply Officer) has filed this case. He next submits that the
alleged date of occurrence is 14.09.2025, but F.I.R. was lodged
after a delay of 5 days i.e. on 12.09.2025 without any plausible
explanation. Petitioner is aged about 70 years and claims clean
antecedent.
5. Learned A.P.P. for the State has opposed the bail
petition.
6. Considering the aforesaid facts and circumstances,
let the above named petitioner, in the event of arrest/surrender
within a period of eight weeks from today, be enlarged on bail
on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
A.C.J.M.-III, Madhepura in connection with Kumarkhand P.S.
Case No. 213 of 2025, subject to condition as laid down under
Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
anay
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