Pradeep DasversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41823 of 2026
                        Arising Out of PS. Case No.-130 Year-2026 Thana- RAJAON District- Banka
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                 Pradeep Das, S/o Shyam Lal Das, R/o Village - Khiddi, P.S. - Rajoun, District
                 – Banka.
                                                                               ... ... Petitioner
                                                  Versus
                 The State of Bihar
                                                                        ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Md. Shahbaz Yusuf, Advocate
                 For the Opposite Party/s :       Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   01-07-2026                      Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Rajoun P.S. Case

                   No.130 of 2026 registered under Sections 318(4), 316(5) of

                   the Bhartiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’) and

                   Section 7 of the Essential Commodities Act, 1955.

                                3. Allegation against petitioner is to indulge in

                   black-marketing of rice and wheat, whereafter his shop was

                   attached with another P.D.S vendor with direction to hand

                   over e-POS machine and remaining stock of 224.81 quintals

                   of rice and 42.76 quintals of wheat, after raid.

                                4. It is submitted by learned counsel appearing for
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          petitioner that in the month of January, an inspection was

          made by authority concerned, where everything was correct

          and no undistributed wheat and rice were found in stock. On

          second inspection, the shop was closed, whereas on third

          and present inspection, it was alleged that 225.73 quintals

          of rice and 42.99 quintals of wheat were not distributed

          amongst the card holder. It is submitted that the allegation

          is completely baseless in view of Annexure-P/3 of the

          present petition, as petitioner at no point of time received

          the aforesaid quantity of rice and wheat. In support of his

          submission, it is pointed out that including Central

          Government allotment, petitioner received total of 49

          quintals of rice and 16 qunitals of wheat and, therefore,

          there is no question to have 225.73 quintals of rice and

          42.99 quintals of wheat in stock. Arguing further, it is

          submitted that as this petitioner has lodged a complaint

          against middleman of former Block Supply Officer, the

          present false implication was raised. The petitioner claimed

          clean antecedent.

                       5. Learned APP opposed the prayer of bail.
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                                       6. In view of aforesaid factual submissions and by

                          taking note of Annexure-P/3 of the present petition, which

                          prima facie creates a doubt qua stock as alleged to be found

                          by informant in PDS shop of the petitioner, accordingly, the

                          petitioner, above-named, who is a man of clean antecedent,

                          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 satisfaction of the learned S.D.J.M., Banka in

                          connection with Rajoun P.S. Case No.130 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