Patna High Court
Dasrath Paswan @ Dashrath PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court granted anticipatory bail to the petitioner, subject to a bond and verification of criminal antecedent.
Summary
Dasrath Paswan, the sole accused in a case alleging a shortage of 13,999 kg of wheat and rice in a PDS shop, sought anticipatory bail fearing arrest. The prosecution alleged discrepancies between the E‑POS machine records and the actual stock, invoking sections of the Bharatiya Nyaya Sanhita, 2023 and the Essential Commodities Act, 1955. Paswan’s counsel argued that a technical glitch in the E‑POS system, acknowledged by the government across all 38 districts of Bihar, caused the variance and that the petitioner’s antecedent is clean. The court noted that similarly situated co‑accused had been granted anticipatory bail by other benches. Accordingly, the court granted anticipatory bail on a bond of ₹30,000, subject to verification of the petitioner’s criminal antecedent and conditions under the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nagrik Suraksha Sanhita, 2023 in view of alleged technical glitch in the E‑POS system.
- Whether the alleged shortage of commodities under the Essential Commodities Act, 1955 warrants denial of bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 2(1)(d), 482(2)
- Bharatiya Nyaya Sanhita — s. 316(2), 316(5), 318(4)
- Essential Commodities Act — s. 7
Subjects
- anticipatory bail
- technical glitch
- E‑POS
- PDS shop
- Essential Commodities Act
- criminal antecedent
- bail bond
- Bharatiya Nyaya Sanhita
- Bharatiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36038 of 2026
Arising Out of PS. Case No.-4 Year-2026 Thana- NAANPUR District- Sitamarhi
======================================================
Dasrath Paswan @ Dashrath Paswan S/o Jhagru Paswan R/o Village - Behra
Jahidpur, Ward no. 3, P.S. - Nanpur, Dist. - Sitamarhi(Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Gaurav, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 02-06-2026 The Court proceeding is being conducted through
virtual mode.
2. Heard learned counsel for the petitioner and learned
APP for the State.
3. The petitioner who apprehend arrest in connection
with Nanpur P.S Case No. 04 of 2026, lodged on 02.01.2026,
for the offences punishable under Sections 316(2)/316(5)/
318(4) of the Bharatiya Nyaya Sanhita, 2023 and under Section
7 of the Essential Commodities Act, 1955.
4. As per the prosecution, the F.I.R. has been lodged
against the sole petitioner. In the FIR it has been found that
during inspection of PDS Shop, the food-grain shown in the E-
POS machine were not physically found in the stock indicating
a shortage of wheat and rice amounting 13,999 kgs.
Patna High Court CR. MISC. No.36038 of 2026(2) dt.02-06-2026
2/3
5. Learned Counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. He submits that his antecedent is clean. He submits that
for the said variance in the E-POS machine has come due to
technical glitch. In this regard series of correspondence has
taken place among the government officials. The copies of the
same have been annexed as Annexure-P/2 series. Counsel
submits that the said technical glitch has been identified by the
Government itself in all 38 districts of Bihar and the license of
the PDS shop of the petitioner has already been cancelled.
Counsel submits that similarly situated co-accused persons have
been granted anticipatory bail by the co-ordinate Benches of this
Hon’ble Court vide order dated 12.03.2026 passed in Cr. Misc.
No. 15450 of 2026 and vide order dated 01.04.2026 passed in
Cr. Misc. No. 9615 of 2026.
6. Learned APP for the State, on the other hand,
opposes the prayer for bail and submits that in the FIR there is
specific allegation that there is difference between the E-POS
machine and godown.
7. Considering the fact that there is technical glitch in
uploading the status of E-POS machine and similarly situated
co-accused persons have been granted anticipatory bail by the
Patna High Court CR. MISC. No.36038 of 2026(2) dt.02-06-2026
3/3
co-ordinate Benches of this Court, let the above-named
petitioner be released on bail, in the event of his arrest or
surrender before the Trial Court within a period of four weeks
from today, on furnishing bail bond of ₹30,000/- (Rupees Thirty
Thousand only) each, as mentioned in Section 2(1)(d) of the
Bharatiya Nagrik Suraksha Sanhita, 2023, to the satisfaction of
the learned Court of the District & Additional Sessions
Judge-II, Sitamarhi, in connection with Nanpur P.S. Case
No.4 of 2026, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
8. And further condition that the court below 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 trial Court shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Dr. Anshuman, J)
Mkr./Bipin/-
U T
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