Patna High Court
Ravi Kumar @ Pro. Ravi Kumar @ Proprietor Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to a bond, sureties and conditions, pending the outcome of the appeal.
Summary
Ravi Kumar, proprietor of M/s Hariom Khad Bhandar, was arrested in connection with a FIR alleging illegal storage and hoarding of fertilizers after his licence was cancelled. The FIR invoked sections 318(4), 316(2), 336(2), 336(3) of the B.N.S. and section 7 of the Essential Commodities Act. Kumar contended that the licence cancellation was based on conjecture, that he had not exceeded invoiced sales, and that the matters could be addressed in a pending statutory appeal. The State opposed his request for anticipatory bail. The High Court, after hearing both sides, granted anticipatory bail subject to a cash bond, sureties, and strict conditions, noting that the issues could be litigated in the pending appeal.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioner in light of the FIR alleging offences under the B.N.S. and Essential Commodities Act?
- Whether the pending statutory appeal suffices to stay the operation of the FIR and the need for anticipatory bail.
Legislation cited
- B.N.S. — s. 316(2), 318(4), 336(2), 336(3)
- B.N.S.S. — s. 482(2)
- Essential Commodities Act — s. 7
Subjects
- anticipatory bail
- fertilizer hoarding
- license cancellation
- Essential Commodities Act
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34006 of 2026
Arising Out of PS. Case No.-83 Year-2026 Thana- LAURIA District- West Champaran
======================================================
Ravi Kumar @ Pro. Ravi Kumar @ Proprietor Ravi Kumar S/o Lalbabu
Prasad Resident of Village- Lauriya, Ward No. 02, P.S.- Lauriya, District-
West Champaran, Proprietor of M/S Hariom Khad Bhandar, Hanuman
Chowk, P.S.- Lauriya, District- West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Agricultural Co-ordinator-cum-Fertiliser Inspector, Lauriya, West
Champaran Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhukar Anand, Adv.
For the Opposite Party/s : Mr.Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 21-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection
with Lauriya P.S. Case No. 83 of 2026 dated 11.02.2026
registered for the offence punishable under Section/s 318(4),
316(2), 336(2), 336(3) of the B.N.S. and Section 7 of the E.C.
Act.
3. As per prosecution case, the allegation, in brief, is that
pursuant to the directions of the Sub-Divisional Officer,
Narkatiyaganj and the District Agriculture Officer, an enquiry
team inspected the godown of M/S Hariom Khad Bhandar,
whose licence had already been cancelled on 19.12.2025 and
Patna High Court CR. MISC. No.34006 of 2026(2) dt.21-05-2026
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recovered 1059 bags of fertilizers stored therein. It is alleged
that despite cancellation of licence, the proprietor Ravi Kumar
illegally stored the fertilizers for the purpose of hoarding and
black marketing.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence as alleged
in the F.I.R. It is submitted that petitioner is the proprietor of
M/s Hariom Khad Bhandar which firm was granted license to
carry out the business of a dealer in fertilizer through license no.
D-SL20318042475693, for a period from 01.04.2024 to
31.03.2029. It is next submitted that on the basis of certain
information based on conjectures and surmises, the petitioner’s
license is said to have been cancelled by showing difference in
quantity in POS machine in relation to the stock in the
warehouse and, as also, for having sold out fertilizers without
giving any chance to explain the actual position. It is the case of
the petitioner that all of a sudden, vide letter dated 19.12.2025,
the petitioner was directed to deposit the POS machine, which
the petitioner had complied and the shop/godown was sealed. It
is the case of the petitioner that the petitioner has never sold out
any fertilizers beyond the invoices, which was available with the
petitioner as per the stock register and the allegations are false
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and frivolous. It is also the case of the petitioner that against
cancellation, there is already an appeal pending and all these
issues, for which the First Information Report has been
registered, can be gone into by the authorities in the said
statutory appeal, which has been preferred by this petitioner.
5. Learned APP for the State opposes the prayer for grant
of anticipatory bail.
6. Having heard learned counsel for the parties and
considering the fact that all the issues may be considered in
appeal and the petitioner is required to place all such materials
which would be essential for ventilating his grievances in the
pending appeal, let the petitioner, above named, be released on
anticipatory bail in the event of his arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Sub-Divisoinal Judicial Magistrate, Bettiah, West
Champaran in connection with Lauriya P.S. Case No. 83 of
2026, subject to the condition as laid down under Section 482(2)
of the B.N.S.S. as well as the following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
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official document / personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds.
(Ajit Kumar, J)
rishi/-
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