Nawal Kishor SinghversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42920 of 2026
                       Arising Out of PS. Case No.-172 Year-2026 Thana- DIGHWARA District- Saran
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                 Nawal Kishor Singh, S/o Yogendra Singh, Residnet of Village-Raipatti, Ward
                 No. 9, Dighwara, P.O. + P.S.- Dighwara, District- Saran.
                                                                                 ... ... Petitioner
                                                    Versus
                 The State of Bihar
                                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anand Kumar Ojha, Advocate
                                                  Mr. Ramkishor Singh, Advocate
                 For the Opposite Party/s :       Mr. Bhanu Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   08-07-2026                  Heard learned senior 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 Dighwara P.S.

                    Case No.172 of 2026 registered under Sections 316(3),

                    318(4) of the Bhartiya Nyaya Sanhita, 2023 (in short

                    ‘B.N.S.’) and Section 7 of the Essential Commodities Act.

                                3. As per FIR, the petitioner alleged to involve in

                    black-marketing of wheat and rice being a PDS dealer.

                                4.      It is submitted by Mr. Anand Kumar Ojha,

                    learned senior counsel appearing for petitioner that the

                    petitioner was in custody since 22.09.2022 to 10.02.2025,

                    whereafter he released from jail on acquittal in a POCSO
Patna High Court CR. MISC. No.42920 of 2026(2) dt.08-07-2026
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          case. It is submitted that at that point of time, all records of

          his shop, customer details, e-POS machine were tagged with

          another dealer, Sri Bihari Rai. It is submitted that the

          petitioner resumed his activities only after his acquittal in

          month of March, 2025. It is submitted that as this shop was

          tagged about two and half years with one Bihari Rai, he

          manipulated several things in stock registers and also the

          physical stock of the shop and due to said reason, on the

          date of raid, wheat and rice were found short. It is also

          submitted that the wheat and rice is not in the list of

          essential commodities as per Notification dated 10.11.1986

          through GSR No.57, Government of Bihar. Petitioner

          claimed clean antecedent.

                       5. Learned APP opposed the prayer of bail.

                       6. In view of aforesaid factual submissions and by

          taking note of fact, as the shop of this petitioner was tagged

          with another PDS dealer, as discussed aforesaid, with all his

          physical stock, registers and with e-POS machine before

          raid, accordingly, the petitioner, above-named, in the event

          of his arrest or surrender in the court below within a period
            Patna High Court CR. MISC. No.42920 of 2026(2) dt.08-07-2026
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                      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., Saran, at Chapra in

                      connection with Dighwara P.S. Case No.172 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