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Patna High Court

Sharwan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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


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