Patna High Court
Arvind MandalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, finding prima facie that a valid commercial LPG connection existed and that the alleged violation was not clearly established.
Summary
The petitioner, Arvind Mandal, was named in an FIR for allegedly using a domestic LPG cylinder instead of a commercial one in his shop, violating Section 7 of the Essential Commodities Act. He contended that the domestic cylinders were used by staff for personal cooking during a raid, while his establishment possessed a valid commercial LPG connection, as evidenced by a receipt. The Additional Public Prosecutor opposed bail, but the court noted the commercial connection and the confusion surrounding the staff’s use of domestic cylinders. Considering these facts, the court directed that the petitioner be released on bail upon surrender within four weeks, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita. The bail was granted, allowing the petitioner to remain out of custody pending trial.
Issues considered
- Whether the petitioner is liable under Section 7 of the Essential Commodities Act for using a domestic LPG cylinder in his shop
- Whether bail should be granted under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita given the circumstances
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Essential Commodities Act — s. 7
Subjects
- bail
- Essential Commodities Act
- Section 7
- Criminal Procedure Code
- BNSS
- commercial LPG
- domestic gas cylinder
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39175 of 2026
Arising Out of PS. Case No.-75 Year-2026 Thana- ALAMNAGAR District- Madhepura
======================================================
Arvind Mandal S/o Vishundeo Mandal, Resident of village- Tetri Tola, Ghosai
Chousa, P.S.- Chausa, District- Madhepura
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Barun Kumar Singh, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 18-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is named in the FIR and
apprehending his arrest in connection with Alamnagar P.S.
Case No.75 of 2026 registered under Section 7 the Essential
Commodities Act.
3. Allegation against the petitioner is to use
domestic gas cylinder instead of commercial gas cylinder in
his shop and, thus, alleged to violate the provision of Section
7 of the Essential Commodities Act.
4. It is submitted by learned counsel for the
petitioner that in fact some of the staffs of the shop found
using domestic gas cylinder for their own cooking purpose
Patna High Court CR. MISC. No.39175 of 2026(2) dt.18-06-2026
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when raid was conducted, therefore, under said confusion,
the petitioner was implicated with present crime in question,
whereas he has valid commercial LPG gas connection
separately for his establishment. In support of his
submission, learned counsel for the petitioner referred to
Annexure-2 of the present bail petition, which is the
commercial gas connection receipt. Explaining criminal
antecedent, it is submitted that the petitioner found involved
in one more criminal case, but it is of different nature, where
he is on bail.
5. Learned AAP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as Annexure-2, as discussed aforesaid,
suggest prima facie that the commercial connection was
available with the establishment of the petitioner at the time
of raid, accordingly, the petitioner, above-named, in the
event of his arrest or surrender in the court below within a
period of four weeks from today, is directed to 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
Patna High Court CR. MISC. No.39175 of 2026(2) dt.18-06-2026
3/3
satisfaction of the learned S.D.J.M., Udakishunganj,
Madhepura in connection with Alamnagar P.S. Case No. 75
of 2026, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure (in short
‘CrPC’)/under Section 482(2) of the Bhartiya Nagrik
Suraksha Sanhita, 2023 (in short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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