Patna High Court
Om Shankar kamatversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The Court held that the petitioners have made out a prima facie case for anticipatory bail and ordered its grant.
Summary
The petitioners, Om Shankar Kamat and Vinod Kumar, were implicated in an FIR under the Bharatiya Nyaya Sanhita and the Essential Commodities Act for alleged black‑marketing of rice meant for the Mid‑Day Meal scheme. They contended that they were merely a contractor’s representative and driver, that the grain was loaded as per allotment, that GPS records showed no route deviation, and that liability for any shortage rested with the contractor under the BSFC contract. The State opposed bail, arguing that the FIR was based on a joint report and that there was no evidence of a proper inquiry by the District Programme Officer. The Court examined the contract terms, the lack of deviation, and the prima facie innocence of the petitioners, concluding that they were entitled to anticipatory bail. Accordingly, the Court directed the District Court to grant anticipatory bail with a bond of Rs 10,000 and two sureties, subject to verification of criminal antecedents.
Issues considered
- Whether the petitioners are entitled to pre‑arrest/anticipatory bail under Section 482 of the Bharatiya Nyaya Sanhita.
- Whether the petitioners can be held liable for alleged black‑marketing of food grains despite the contractual provisions placing liability on the contractor.
- Whether the FIR and the allegations therein are sufficient to deny bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 316(2), 316(3), 316(5), 318(4), 3(5)
- Essential Commodities Act, 1955 — s. 7
Subjects
- pre‑arrest bail
- anticipatory bail
- mid day meal scheme
- essential commodities act
- black marketing
- contract liability
- Bharatiya Nyaya Sanhita
- Section 482
- food security
- Bihar State Food and Civil Supplies Corporation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45377 of 2025
Arising Out of PS. Case No.-28 Year-2025 Thana- KALUAHI District- Madhubani
======================================================
1. Om Shankar kamat S/o Shiv Sundar Kamat Resident of village and PO-
Pachrukhy, P.S- Babubarahi, District-Madhubani
2. Vinod Kumar @ Vinod Yadav S/o Ram Bahadur Yadav R/o Ward no.8,
Sarabe, P.S.-Khajauli, District-Madhubani
... ... Petitioner/s
Versus
1. The State of Bihar
2. The District Manager, Bihar State Food and Civil Supplies Corporation,
Darbhanga Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Namrata Mishra, Sr. Advocate
Ms. Archana Jha, Advocate
Ms. Anamika Kumari, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, APP
For the O.P. No.2 : Mr. Nirmal Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
6 21-01-2026 Heard Ms. Namrata Mishra, learned Senior counsel
along with Ms. Archana Jha, learned counsel appearing on
behalf of the petitioners; Mr. Ajit Kumar, learned APP appearing
on behalf of the State and Mr. Nirmal Kumar, learned counsel
appearing on behalf of the O.P. No.2.
2. The petitioners apprehend their arrest in connection
with Kaluahi P.S. Case No. 51290292520028 of 2025 registered
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under Sections 316(2),316(3),316(5),318(4),3(5) of the
Bharatiya Nyaya Sanhita (BNS), 2023 and Section 7 of the
Essential Commodities Act, 1955.
3. As per the allegation made in the FIR, on the basis
of a joint written application submitted by the Block Education
Officer, Kaluahi, and the Assistant Godown Manager, BSFC
Godown, Khajauli, an FIR was lodged alleging that pursuant to
an order of the Sub-Divisional Officer, Madhubani Sadar, a
three-member enquiry committee conducted an inspection on
25.02.2025, during which a vehicle bearing Registration No.
BR-06-GB-8178 carrying 68 bags of rice (50 kg each) was
intercepted by local people at Utkramit Madhya Vidyalaya,
Malmal West, and it was found that the food grains, meant for
distribution under the government scheme were being
transported for the purpose of black-marketing. It was further
alleged that the concerned Headmasters/Headmistress and their
representatives had lifted lesser quantities of food grains than
allotted to their respective schools and that the remaining stock
was unauthorizedly stored on the said vehicle by the
representative of the transport agent, whereupon Kaluahi P.S.
Case No. 51290292520028 dated 26.02.2025 was registered
against the petitioners and other accused persons.
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4. Learned Senior counsel appearing on behalf of the
petitioners submits that the petitioners are innocent and they
have falsely been implicated in the present case. The required
food grains were loaded on the truck as per the allotment in
respect of three schools, amounting to 131 bags, each containing
50 kg of rice. It is admitted that 54 bags as per the allotment
were to be delivered to Middle School, Kalikapur, 43 bags were
to be delivered to Middle School, Pursaulia and 33 bags were to
be delivered to Middle School, Malmal West. Allegation is that
a vehicle bearing Registration No. BR-06-GB-8178, carrying 68
bags of rice (50 kg each) was intercepted by local people at
Utkramit Madhya Vidyalaya, Malmal West, and it was found
that the food grains, meant for distribution under the
government scheme, were being transported for the purpose of
black-marketing. Seizure list was prepared in presence of Up-
Pramukh of the village and other independent witnesses.
Learned Senior counsel further submitted that the petitioner
no.1 was representative of the contractor, who was entrusted
with the contract of transporting the food materials for mid day
meals to the respective schools. The petitioner no.1, being the
representative of the contractor, is nowhere concerned with the
alleged black marketing of the food grains and so far as, the
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petitioner no.2 is concerned, he is the driver of the said vehicle
and he is unaware of the manner in which the food grains were
supplied and in support learned counsel further submitted that
the route through which the truck had to follow, no deviation
has been found on the GPS and as such, there is no question of
black marketing by these petitioners. Learned Senior counsel
submitted that the petitioners are innocent and they are not
involved in any black marketing, however, in any case, the
contractor is responsible for any shortage of food grains or any
illegal act and not the petitioners. The petitioners have clean
antecedent. On these grounds the petitioners seek to be released
on pre-arrest bail.
5. Learned counsel appearing on behalf of O.P. No.2
submitted that the District Manager, BSFC, Madhubani, has
entered into contract with one Akhlaque, which has been
brought on record by way of annexure P/2. As per the terms
and conditions of the contract, the contractor becomes directly
involved in the non-supply of the entire amount of food grains
which were to be delivered to all the three respective schools,
however, he informs that till date, the contract has not been
terminated as per the conditions mentioned in para 4 of the
Written Contract.
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6. Mr. Ajit Kumar, learned APP for the State
vehemently opposed the prayer for grant of pre-arrest bail and
submitted that the whole procedure is prescribed under the Mid
Day Meal Rule, 2015, that, any shortage of preparation of meal
and maintenance of standard and quality is duly maintained by
the District Programme Officer, Mid Day Meal (hereinafter
referred to as the ‘DPO, MDM’), who, from time to time
inquires and in case he finds that there are less number of
students for whom the amount of grains has been allotted, then
in that case the said data shall be recorded. From the perusal of
the FIR, it appears that no such evidence has been brought on
record, however, he submitted that the record reveals that the
erstwhile principal of the said school has admitted that the
report is furnished subsequent to the allotment of the food
grains. He further gives information that no inquiry has been
made from the DPO, MDM in respect of any shortage or any
less attendance of the children in the school and also with regard
to the past conduct of the Principal/In-charge Headmaster of the
three schools against whom FIR has been lodged, though the
investigating officer has reported in para 59 of the case diary,
that, as per the information provided by the Assistant Godown
Manager, Khjaulhi from where the food grains were transported
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to different schools after having been loaded on the truck
bearing Reg. No. BR06GB8178 for delivering the total quota to
the three schools, the respective quantity is not clear.
7. Having considered the rival submissions made on
behalf of the parties, as well as, having perused the FIR and the
allegation made therein, the FIR has been lodged on the basis of
the joint written report of the Block Education Officer and the
Assistant Godown Manager, BSFC Godown, Khajauli as per the
direction of the SDO, Madhubani, Sadar, as contained in letter
no.68/AAPU dated 25.02.2025 (Annexure 5), the perusal of
which shows that the S.D.O. concerned has himself not
inquired, nor has sought any report from the DPO, MDM. It is
evident from the FIR that the allegation is that the total quantity
of allotted quota to the three schools was of 131 bags of food
grains, each having 50 kg out of which 54 bags as per the
allotment were to be delivered to Middle School, Kalikapur, 43
bags were to be delivered in Middle School, Pursaulia and 33
bags were to be Middle School, Malmal West were loaded on
the truck bearing Reg. No. BR06GB8178. The Door Step
Delivery Scheme, 2016, provides the manner in which the total
quantity has to be loaded, and specifically provides for
tracking, unscheduled stoppage alarm, over speed temper alarm,
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GPS Antenna temper alarm, ignition on/off alarm, weight
reduction alarm to avoid black marketing. In the present case, it
is evident that the said truck was intercepted with 68 bags of
food grains, which were not delivered. It is admitted that only
out of 54 bags of rice, which were to be delivered to middle
school, Kalikapur, only 15 bags were delivered and out 43 bags
which were required to be at middle school, Pursaulia, only 33
bags were delivered and out of 34 bags which were to be
delivered at middle school, Malmal West, only 20 bags were
delivered. It is also not alleged that the route of truck had
deviated till the time of seizure of truck. The FIR reveals that as
per the three members committee report, the in-charge
Headmasters of the schools have admitted that the challan were
generated in respect of total quantity and they unknowingly
accepted the short amount of grains. However, the in-charge
Headmasters of the three schools also admitted that on plain
paper, the petitioners have obtained their signature.
8. Before I proceed to analyse, as to whether, the
petitioners are innocent or they in an illegal manner have tried
to sale the food grains in black market, I find that, the Mid Day
Meal scheme is a Food Security Programme of Government of
India, specifically targeting the requirement of good health of
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the children as Right to Food is an implication of Right to Life
enshrined under Article 21 of the Constitution of India. Article
21 of the Constitution of India (the 17 th Amendment) of the
Constitution, guarantees every citizen of the country to live with
dignity and freedom. The Amendment has been brought as a
result of international treaty and Government of India is under
obligation for providing free meal under the Mid Day Meal
(MDM) Rules, 2015. In the present case, the
contractor/transporter had entered into a contract with the
District Manager, Bihar State Food and Civil Supplies
Corporation (BSFC), Madhubani and petitioner no.1 is the
associate of the contractor and petitioner no.2 is the driver of the
truck, I find it proper to reproduce the relevant part of the
agreement entered into between the contractor and the District
Manager, BSFC, which is reproduced hereinbelow;
“Contractor's Staff/Workers
Requirement, their duties, Behavior, etc.:
i)The contractor shall be directly
responsible for the wages, which should not be
less than minimum wages prescribed by
Appropriate Authority, Provident Fund, bonus or
any other benefits as may be available to its
employees under relevant acts and regulations as
applicable. The Corporation shall not entertain
any such claim of the person/workers employed
by the contractor. The compliance of all the
statutory liabilities vests with the contractor.
ii)The contractor shall comply with
all the laws and regulations applicable in the
matter of such workers as are engaged by it.
iii)If the Contractor fails to submit
the prescribed statutory compliances, the
Corporation or an Officer acting on his behalf,
BSFC will be at liberty to withhold the pending
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bills, Security Deposit ete., and or any other
payments due to the Contractor.
iv)The contractor shall be solely
responsible for the redressal of
grievances/resolution of disputes relating to
person deployed by them. BSFC shall, in no way,
be responsible for settlement of such issues
whatsoever. BSFC shall not be responsible for
any damages, losses, claims, financial or other
injury including death to any person deployed by
contractor in the course of their performing the
functions/duties or payment towards any
compensation. Any liability arising out of
accident or death of any personnel while on duty
shall be borne by the contractor.
v)In case of termination of this
contract on its expiry or otherwise, the persons
deployed by the contractor shall not be entitled
to and will have no claim for any absorption in
the regular or otherwise capacity in the office of
BSFC. Contractor should make this known to
persons deployed by him.
vi)The contractor's workers shall be
polite, courteous, well behaved and honest.
vii) The contractor shall be fully
responsible for any theft, burglary fire or any
other mischievous deed done by its workers.
viii) The antecedents of all workers
should be verified from local Police authority by
the contractor before deployment for work.
Police verification of the worker is submitted
within a period of one month on entering into the
contract or for a further period of up to n
maximum of three months on the request made
by the contractor.
xi) The contractors workers shall
not enter into any unlawful activity within the
Corporation's premises and shall have good
moral character,
xi) Bihar State Food Corporation
shall have the right to impose cash penalty on
the contractor or deduct such amounts from its
security deposit in case of the SFC being put to
any financial loss directly or indirectly by any
net of commission on the par of the contractor's
workers.
xi)The corporations will not having
any relationship with the worker engaged by the
contractor.
хii)Insurance and accident cases of
the workers will he the responsibility of the
contractor.
xiii)All the workers of the
contractor shall be free from infections disease
& shall wear uniform with Identity Card issued
by the contractor for identification.
xiv)The contractor will ensure that
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proper license/permission from the concerned
authorities wherever applicable are obtained
promptly.
xv)The Contractor's personnel
should not consume drug/or bottle or liquor in
the BSFC's premises. In case any of the
personnel provided by the Contractor is found to
be indulging in any suspicious activities or is
found to be under the influence of alcohol or any
other intoxicants while on duty or the conduct
and integrity is found to be doubtful or
performance is not found to be satisfactory,
he/she shall be removed from duty immediately,
Decision of DMSFC or an Officer acting on his
behalf will be final and binding on the
Contractor.
xvi)The contractor shall make its
own lighting arrangements for working at night
or daytime as per the requirement for
loading/unloading/transport operations etc.”
9. In the present case, the District Manager, BSFC
has not reported to the District Magistrate or to the General
Manager, BSFC. Meanwhile any deviation or any signal has
been found to be deviated in the manner the goods were to be
transported has been found by the District Manager, BSFC. The
in-charge Headmasters of the three schools have admitted that
they have signed on the plain paper. District Manager, BSFC
has also not denied that he has not generated the required receipt
nor challan in respect of total quantity of the goods not these
form part of the FIR, calling the conduct of the District
Manager, BSFC and the DPO, MDM also not beyond doubt in
delivering short quantities of food grains in pre-planned manner.
The Sub clause X of para 4 of the Contract entered into between
the contractor and the District Manager, BSFC. provides for
imposition of penalty on the contractor or deducts such amount
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from security deposit in case of the SFC being put to any
financial loss directly or indirectly by any net of commission on
the part of the contractor’s workers. The liability rests upon the
contractor and the District Manager, BSFC. The petitioner no.1
is representative of the contractor and the petitioner no.2 is the
driver, in light of the material collected in course of
investigation, I find that the petitioners have, prima facie, made
out a case to be released on pre-arrest bail.
10. The learned District Court is directed to release
the petitioners on anticipatory bail, in the event of their arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of the like amount each, to the
satisfaction of learned District Court where the case is pending
in connection with Kaluahi P.S. Case No. 51290292520028 of
2025, subject to the condition as laid down under Section 482(2)
of the B.N.S.S.
11. The learned District Court is directed to verify
the criminal antecedent of the petitioners and if it is found
that the petitioners are involved in some other cases, as what
has been stated in paragraph No.3 of the bail application,
this order will automatically lose its force.
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12. Let a copy of this order be communicated to
the Additional Chief Secretary, Education Department,
Government of Bihar and to the General Manager, Bihar
State Food & Civil Supplies Corporation, Darbhanga for
taking appropriate action against those who are involved in
black marketing.
13. Accordingly, the present bail application stands
disposed of.
(Purnendu Singh, J)
Ashishsingh/-
U T
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