Patna High Court
Sharwan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court held that anticipatory bail should be granted, subject to conditions, as the petitioner has a clean antecedent and no substantive proof of malicious intent.
Summary
Sharwan Kumar was implicated in a case alleging illegal storage and sale of LPG cylinders under Section 223 of the B.N.S., 2023 and Section 7 of the Essential Commodities Act, 1955 after 11 cylinders were seized from a house where he was staying as a tenant. He contended that the cylinders were temporarily unloaded due to a mechanical problem with his cart and that the FIR was filed maliciously after he refused to supply cylinders to the informant. The State argued that the cylinders were kept for illegal sale amid market scarcity. The court noted the seizure, the petitioner’s absence at the scene, and his clean criminal record. It granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and subject to verification of his antecedent under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite allegations under Section 223 B.N.S. and Section 7 Essential Commodities Act.
- Whether the petitioner’s clean antecedent and the circumstances of unloading the cylinders justify bail.
- Whether the alleged illegal sale of LPG cylinders warrants denial of bail.
Legislation cited
- B.N.S. — s. 223
- B.N.S.S. — s. 482(2)
- Essential Commodities Act, 1955 — s. 7
Subjects
- anticipatory bail
- LPG cylinders
- Essential Commodities Act
- Section 223 B.N.S.
- criminal antecedent
- seizure
- illegal sale
- scarcity
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35697 of 2026
Arising Out of PS. Case No.-31 Year-2026 Thana- Lakho District- Begusarai
======================================================
Sharwan Kumar Son of Shivnath Rai Resident of Village- Chhitraur, P.S.-
Matihani, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandan Kumar Kashyap, Advocate
For the Opposite Party/s : Mr. Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 25-05-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. appearing for the State.
2. The petitioner apprehends his arrest in connection
with Lakho P.S. Case No. 31 of 2026, for allegedly having
committed offences under Section 223 of B.N.S., 2023 as well
as under Section 7 of the Essential Commodities Act, 1955.
3. As per the prosecution story, which has been lodged
on the basis of the written report submitted by the informant, to
the effect that on 15.03.2026, he received a secret information
that in village Lakho, one Sharwan Kumar (petitioner herein),
who is resident of village Chhitraur, has kept L.P.G. cylinders in
the house of Sunita Devi for illegal sale and storage. On the said
information, the informant after giving information to the higher
officials and on the directions of the S.D.M., Begusarai, reached
Patna High Court CR. MISC. No.35697 of 2026(2) dt.25-05-2026
2/3
the house of Sunita Devi and on search, 11 L.P.G. cylinders
were found there, for which seizure list was prepared.
4. The learned counsel for the petitioner submits that
the petitioner is a mechanic of Sitaram Indane Services,
Begusarai and since his cart was having some problem, he
unloaded the said L.P.G. cylinders in the house where he is
residing as a tenant. He further submits that since the informant
asked for three L.P.G. cylinders from the petitioner, however the
same was refused by him, therefore with a mala fide intention,
the present First Information Report has been lodged. He further
submits that the petitioner has got a clean antecedent.
5. Per Contra, the learned A.P.P. for the State opposes
the prayer for grant of anticipatory bail to the petitioner and
submits that the petitioner has kept the cylinders in the house of
Sunita Devi for illegally selling the same at a higher price, since
due to global war, there is a scarcity of L.P.G. cylinder in the
market.
6. Having heard the learned counsel for the parties
and after going through the records, it appears that 11 L.P.G.
cylinders were seized from the house of one Sunita Devi. The
petitioner was not present at the place of occurrence and he is a
vendor of Sitaram Indane Services, Begusarai. Further, he has
Patna High Court CR. MISC. No.35697 of 2026(2) dt.25-05-2026
3/3
got a clean antecedent.
7. Taking into consideration the facts aforesaid, let the
petitioner, above-named, in the event of his arrest or surrender
within a period of six weeks, be released on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, Begusarai in connection with Lakho
P.S. Case No.31 of 2026, subject to the conditions laid down
under Section 482(2) of the B.N.S.S. with a further condition
that:-
The learned court concerned shall verify the criminal
antecedent of the petitioner and in case at any stage it is found
that the petitioner has concealed his criminal antecedent, the
court concerned shall take steps for cancellation of bail bond of
the petitioner. However, the acceptance of bail bond in terms of
the above-mentioned order shall not be delayed for purpose of
or in the name of verification.
(Ritesh Kumar, J.)
Sanjay/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.