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Patna High Court

Pramod Kumar @ Pramod YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the empty condition of the seized LPG cylinders prima facie negated the allegation of illegal refilling, warranting the grant of bail.

Summary

Pramod Kumar was named in an FIR for alleged black marketing and illegal refilling of LPG cylinders under Section 7 of the Essential Commodities Act. The police seized a large number of cylinders, nozzles and passbooks from his shop, but the seizure list showed most cylinders were empty. The petitioner’s counsel argued that the empty cylinders negated the allegation of illegal refilling and that the case was false, arising from a local dispute, noting a similar case against him. The State opposed bail, asserting the specificity of the allegation. Considering the prima facie evidence that the cylinders were empty, the court directed that the petitioner be released on bail with a bond of Rs.10,000 and two sureties, subject to surrender within four weeks and conditions under Section 482(2) of BNSS.

Issues considered

  • Whether the petitioner is entitled to bail in a case under Section 7 of the Essential Commodities Act, 1955, given the circumstances of the seizure
  • Whether the empty condition of the seized LPG cylinders negates the allegation of illegal refilling

Legislation cited

Subjects

  • Essential Commodities Act
  • Section 7
  • LPG cylinder black marketing
  • bail
  • seizure
  • prima facie
  • Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42014 of 2026
                   Arising Out of PS. Case No.-320 Year-2026 Thana- MADHEPURA District- Madhepura
                 ======================================================
                 Pramod Kumar @ Pramod Yadav S/O Thithar Yadav R/O Village- Godhela,
                 Ward No. 08, P.S- Bharrahi, District- Madhepura.
                                                                         ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ashok Kumar Singh
                 For the Opposite Party/s :      Mr.Bhanu Pratap Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   02-07-2026                   Heard the parties.

                                2. The petitioner is named in the F.I.R. and

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

                   No. 320/2026 registered for the offences punishable under

                   Section 7 of the EC Act.

                                3. The allegation against petitioner is to indulged in

                   black marketing of LPG cylinder and as such large number of gas

                   cylinders, nozzles, consumer passbook etc were recovered from

                   his shop.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that informant arrived at the place of

                   occurrence after preparation of seizure list. It is submitted that

                   due to local dispute and differences petitioner, who is running

                   shop of repairing gas cylinder, pressure cooker etc. was

                   implicated with the present false case. Learned counsel drew
               Patna High Court CR. MISC. No.42014 of 2026(2) dt.02-07-2026
                                                           2/2




                         attention towards seizure list, which categorically suggest that

                         almost all recovered gas cylinder found empty, therefore,

                         allegation of refueling gas cylinder by petitioner appears non-

                         convincing. Petitioner found involved in one more case of similar

                         nature.

                                         5. Learned APP while opposing the prayer of bail

                         submitted that allegation is specific against this petitioner.

                                         6. In view of aforesaid factual submission and by

                         taking note of fact as gas cylinders upon seizure found empty

                         prima-facie negating illegal gas refueling, accordingly petitioner

                         above-named, in the event of his arrest or surrender before the

                         court below within a period of four weeks, is directed to be

                         released on bail, furnishing bail bond of Rs. 10,000/- (Rupees

                         Ten Thousand) with two sureties of the like amount each to the

                         satisfaction of the learned CJM, Madhepura/concerned Court,

                         where the case is pending in connection with Madhepura P.S.

                         Case No. 320/2026, subject to the conditions as laid down under

                         Section 482(2) of BNSS.


                                               (Chandra Shekhar Jha, J)
S.Tripathi/-

U       T


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