Patna High Court
Ram Ishwar PrasadversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- PURNENDU SINGH
Holding
Suspension of the petitioner’s licence does not amount to cancellation and therefore does not bar the grant of pre‑arrest bail under Article 21.
Summary
Ram Ishwar Prasad applied for pre‑arrest bail in a case registered under Sections 318(4), 316(2), 316(5) of the BNS and Section 7 of the Essential Commodities Act, 1955. The petitioner could not furnish the bail bond because his PDS licence had been suspended, though not cancelled, as indicated by a letter from the Block Supply Officer. The court considered its earlier direction in Criminal Miscellaneous No. 45970 of 2025 and examined whether the suspension of the licence barred bail. It held that suspension does not amount to cancellation and that the petitioner’s right to liberty under Article 21 of the Constitution must be respected. Accordingly, the court modified the earlier order, extended the surrender period by two weeks, and directed the district court to release the petitioner on pre‑arrest bail on suitable terms. The bail application was therefore disposed of with the grant of bail.
Issues considered
- Whether the suspension of the petitioner’s PDS licence precludes the grant of pre‑arrest bail
- Whether Article 21 of the Constitution requires the court to release the petitioner on bail despite the licence suspension
- Whether the earlier order in Criminal Miscellaneous No. 45970 of 2025 needs modification in view of the licence status
Legislation cited
- BNS — s. 316(2), 316(5), 318(4)
- Essential Commodities Act, 1955 — s. 7
Subjects
- pre‑arrest bail
- suspension of licence
- Article 21
- Essential Commodities Act
- bail bond
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32959 of 2026
Arising Out of PS. Case No.-492 Year-2024 Thana- GRIYAK District- Nalanda
======================================================
Ram Ishwar Prasad, Son of Bachhu Yadav, Resident of Village- Kali Bigha,
P.O.- Raitar, P.S.- Giriyak, District- Nalanda- 803109
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Ranjan, Advocate
For the Opposite Party/s : Mr. Ajay Mishra, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 19-06-2026 Heard Mr. Rakesh Ranjan, learned counsel appearing
on behalf of the petitioner and Mr. Ajay Mishra, learned APP for
the State.
2. The petitioner seeks pre-arrest bail in connection
with Giriyak P.S. Case No. 492 of 2024 registered for the
offence punishable under Sections 318(4), 316(2), 316(5) of the
BNS and Section 7 of the E.C. Act, 1955.
3. Considering that in light of the direction of this
Court passed in Criminal Miscellaneous No. 45970 of 2025,
which was disposed of vide order dated 21.01.2026, the
petitioner could not furnish the bail bond in spite of the fact that
vide Letter No. 42 dated 17.04.2026, it was informed by the
Block Supply Officer, Giriyak that PDS License No. 30/11 of
the petitioner was suspended but the same has not been
Patna High Court CR. MISC. No.32959 of 2026(3) dt.19-06-2026
2/2
cancelled till date.
4. In view of the fact that the license of the petitioner
has been suspended and the suspension of license will not
amount to cancellation of license, the learned District Court is
directed to abide by the mandate of Article 21 of the
Constitution of India and forthwith release the petitioner on pre-
arrest bail on such terms and conditions as he deems fit and
proper.
5. The date for surrender of the petitioner is extended
for a further period of two weeks. The order dated 21.01.2026
passed in Criminal Miscellaneous No. 45970 of 2025 is
modified to the above extent.
6. Accordingly, the present bail application stands
disposed of.
(Purnendu Singh, J)
Niraj/-
U T
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