Patna High Court
Shrikant Chaudhry @ Srikant ChoudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner subject to strict conditions.
Summary
The petitioner, Shrikant Chaudhry, a former PDS dealer whose licence was cancelled on 13‑12‑2023, failed to surrender the allotted food grains, machinery and e‑pass to the succeeding dealer as directed by the Sub‑Divisional Officer. Consequently, an FIR (Badhaila PS Case No.145 of 2025) was lodged against him under sections 316(5) and 318(4) of the BNS and section 7 of the Essential Commodities Act. The petitioner applied for anticipatory bail, contending that he had admitted the presence of government material and was ready to hand it over but could not appear before the SDO due to the FIR. The State opposed, highlighting the petitioner’s criminal antecedents and deliberate refusal to surrender the material. The Court, after considering the submissions, decided to grant anticipatory bail with stringent conditions, including a bail bond, sureties, appearance before the trial court, and non‑interference with witnesses. The order directs that the petitioner be released on bail if arrested or surrender within four weeks, subject to the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite alleged non‑compliance with licence cancellation orders and criminal antecedents
- Whether the conditions imposed are sufficient to prevent tampering with evidence and ensure trial attendance
Legislation cited
Subjects
- anticipatory bail
- license cancellation
- PDS dealer
- Essential Commodities Act
- BNS
- bail conditions
- criminal antecedent
- non‑compliance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.570 of 2026
Arising Out of PS. Case No.-145 Year-2025 Thana- BADHAILA District- Rohtas
======================================================
Shrikant Chaudhry @ Srikant Choudhary Son of Yogi Choudhary @
Yogendra Singh R/o Village - Kusadhar (Kushdhar), P.S. - Baghaila, Distt. -
Rohtas at Sasaram.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Kumar Singh, Advocate
For the Opposite Party/s : Mr. Parmeshwar Mehta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 04-02-2026 Heard Mr. Rajesh Kumar Singh, learned Senior
counsel for the petitioner and the State.
2. The petitioner is apprehending his arrest in
connection with Badhaila P.S. Case No. 145 of 2025 for the
offence under sections 316(5) and 318(4) of the BNS and
section 7 of the E.C. Act lodged on 18.09.2025 by the
informant, Abhishek Kumar.
3. As per the prosecution story, the petitioner who was
a PDS dealer, his license cancelled on 13.12.2023 by the
Licensing Officer, S.D.O., Bikramganj and was asked to
handover the stock and other machinery including the e-pass
machine to the next PDS dealer namely, Dharmendra Kumar.
The petitioner failed to do so and accordingly the FIR.
Patna High Court CR. MISC. No.570 of 2026(2) dt.04-02-2026
2/3
4. Learned Senior counsel for the petitioner submits
that not only he has admitted to the presence of the Government
materials/machine wanted to hand it over but in the meantime,
the FIR, is still ready to do the needful/return it but is unable to
appear before the SDO, Bikramganj due to the present FIR.
5. Learned APP opposes the prayer submitting that the
petitioner has criminal antecedent and has deliberately not
handed over the materials despite the cancellation of the license.
6. The allegation is there, the license was cancelled,
the petitioner should have diligently surrendered/handed over
the food grains/machines provided by the District
Administration. However, an undertaking has been given that he
shall be appearing before the Sub-Divisional Officer,
Bikramganj and whatever is left, shall be handed over
immediately, FIR is there and he shall be facing the trial, in that
background, this Court is inclined to extend him the privilege of
anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned District and Additional Sessions Judge-
Patna High Court CR. MISC. No.570 of 2026(2) dt.04-02-2026
3/3
IX, Rohtas at Sasaram in connection with Badhaila P.S. Case
No. 145 of 2025 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhaar Card/Voter ID Card/Pan Card/Driving
License) to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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