Rambriksh PaswanversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.475 of 2026
                          Arising Out of PS. Case No.-48 Year-2024 Thana- KOTHI District- Gaya
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                 Rambriksh Paswan Son of Pairu Paswan R/o Village - Kothi, P.S. - Kothi,
                 Dist. - Gaya.

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr. Binay Kumar, Advocate
                 For the Opposite Party/s :        Mr. Bhanu Pratap Singh, APP
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-02-2026                     Heard Mr. Binay Kumar, learned counsel for the

                   petitioner and Mr. Bhanu Pratap Singh, learned Additional

                   Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Kothi P.S. Case No. 48 of 2024, F.I.R. dated

                   18.06.2024 for the offences punishable under Section 7 of the

                   Essential Commodities Act, 1955.

                               3. Allegation against the petitioner is that he black

                   marketed 7.02 quintals of wheat and 21.40 quintals of rice from

                   P.D.S shop.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been

                   implicated in the present case. The petitioner is P.D.S shop

                   dealer with valid license no.65 of 2016 and without any physical
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          and manual verification through the stock and sale of the P.D.S

          shop, the present FIR has been lodged against the petitioner and

          due to the present FIR, the license of the petitioner was

          suspended by the authority.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          and the fact that the petitioner has clean antecedent and without

          any physical and manual verification through stock and sale of

          the P.D.S shop, the present FIR has been instituted against the

          petitioner, let the petitioner, above named, in the event of arrest

          or surrender before the court below within a period of thirty

          days from the date of receipt of the order, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          Additional Chief Judicial Magistrate, Sherghati, Gaya in

          connection with Kothi P.S. Case No. 48 of 2024, subject to the

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

          Criminal Procedure / Section 482(2) of the Bhartiya Nagarik

          Suraksha Sanhita and with other following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court
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                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bond in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T