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Patna High Court

Ram Ishwar PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court directed that, if the PACS licence has not been cancelled, the petitioner should be released on pre‑arrest bail subject to statutory conditions.

Summary

Ram Ishwar Prasad, President of a Primary Agricultural Credit Society, was implicated in alleged irregularities during an inspection and faced FIR charges under Sections 318(4), 316(2), 316(5) of the Bihar Non‑Cooperative Societies Act (BNSS) and Section 7 of the Essential Commodities Act, 1955. He applied for pre‑arrest bail, asserting that the society's licence had not been cancelled and that he was ready to cooperate with the investigation. The prosecution opposed the bail, arguing the seriousness of the offences. The Court observed that the inspection was not conducted using the required IT‑based method and noted the pending status of the licence. It directed the district court to verify whether the licence had been cancelled and, if not, to release the petitioner on pre‑arrest bail subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of BNSS. The bail application was consequently disposed.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail despite pending allegations under BNSS and the Essential Commodities Act
  • Whether the status of the PACS licence affects the grant of bail

Legislation cited

Subjects

  • pre‑arrest bail
  • Primary Agricultural Credit Society
  • licence cancellation
  • inspection irregularities
  • BNSS
  • Criminal Procedure Code
  • Essential Commodities Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45970 of 2025
                       Arising Out of PS. Case No.-492 Year-2024 Thana- GRIYAK District- Nalanda
                 ======================================================
                 Ram Ishwar Prasad S/o Bachhu Yadav R/o Village- Kali Bigha, P.O.- Raitar,
                 P.S.- Giriyak, District- Nalanda - 803109

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :       Mr.Vakil Kumar, Advocate
                 For the Opposite Party/s:       Mr.Ajit Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

5   21-01-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and the learned APP for the State.

                                2. Petitioner seeks pre-arrest bail in connection with

                   Giriyak P.S.Case No.492 of 2024, registered for the offences

                   punishable under Sections 318(4), 316(2) & 316(5) of BNSS

                   and Section 7 of E.C. Act, 1955.

                                3. The prosecution story in short is that the petitioner

                   is the President of Primary Agricultural Credit Societies (PACS,

                   wherein, during the course of inspection, some irregularities

                   were found.

                                4. Learned counsel appearing on behalf of the

                   petitioner informs that already the action has been taken by the

                   SDJM concerned, petitioner is ready to appear on each date of
Patna High Court CR. MISC. No.45970 of 2025(5) dt.21-01-2026
                                            2/3




          hearing of the case as fixed and he seeks to be released on bail.

          Learned counsel further informs that till date the license of

          PACS has not been cancelled, however, no such information has

          been given in the bail application.

                        5.   Learned      Additional       Public   Prosecutor   has

          vehemently opposed the prayer for grant of pre-arrest bail to the

          petitioner.

                        6. Having considered the rival submissions made on

          behalf of the parties, as well as, having perused the allegation

          made in the FIR and the the manner in which the inspection

          was required to be made in accordance with Sub Section (iii) of

          Section 20 of Bihar Targeted Public Distribution System

          (Control) Order, 2016, I find that the Officer has not conducted

          the information technology based inspection. At the same time,

          it has been informed by the petitioner that the license of the

          PACS has not been cancelled till date, I find it proper to direct

          the learned district court to verify as to whether the license of

          the petitioner has been cancelled and in case, it has not been

          cancelled, the petitioner is directed to be released on pre-arrest

          bail in connection with Giriyak P.S.Case No.492 of 2024,

          subject to the conditions as laid down under Section 438(2) of

          the Cr.P.C./Section 482(2) of BNSS and the other conditions as
            Patna High Court CR. MISC. No.45970 of 2025(5) dt.21-01-2026
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                      the learned district court deems fit and proper.

                                   7. The present bail application is accordingly disposed

                      of.



                                                (Purnendu Singh, J)
chn/-
U       T


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