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Patna High Court

Baby MalakarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail is warranted where the petitioner has a clean antecedent and the prosecution’s case lacks proper verification, subject to statutory conditions.

Summary

Baby Malakar, a licensed PDS dealer, was implicated in a case under Section 7 of the Essential Commodity Act, 1955 for an alleged shortage of food grains during a physical verification. She applied for anticipatory bail, asserting that the investigating officer had not verified her stock register and that she has a clean criminal record. The State opposed the bail. The Court, noting the lack of verification by the officials and the petitioner's clean antecedent, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023. The order also stipulated cooperation with the trial, presence in court, and provisions for bail cancellation upon tampering with evidence or concealment of antecedents. The bail bond is to be accepted without delay for verification purposes.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of alleged false implication and clean antecedent.
  • Whether the investigating officer’s failure to verify the stock register justifies bail.

Legislation cited

Subjects

  • anticipatory bail
  • Essential Commodity Act
  • Section 7
  • food grain shortage
  • PDS dealer
  • clean antecedent
  • Section 438 CrPC
  • Section 482 BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.619 of 2026
                      Arising Out of PS. Case No.-439 Year-2024 Thana- BARACHATTI District- Gaya
                 ======================================================
                 Baby Malakar wife of Arvind Malakar Village- Panchayat Binda Block and
                 PS- Barachatti, Dist- Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Sudhir Kumar Sinha, Advocate
                 For the State           :        Mr. Abhay Kumar Roy, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-02-2026                    Heard Mr. Sudhir Kumar Sinha, learned counsel for

                   the petitioner and Mr. Abhay Kumar Roy, learned APP for the

                   State.

                                  2. The petitioner is apprehending her arrest in

                   connection with Barachatti P.S. Case No. 439 of 2024, F.I.R.

                   dated 25.09.2024 registered for the offences punishable under

                   Section 7 of the Essential Commodity Act, 1955.

                                  3. Allegation against the petitioner is that during

                   course of physical verification of stock of food grains zero

                   balance is found whereas stock shows 101.46 quital balance.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and she has been falsely

                   implicated in the present case.              He further submits that the

                   petitioner is a PDS dealer having a valid license bearing License
Patna High Court CR. MISC. No.619 of 2026(2) dt.17-02-2026
                                            2/3




          No. 01 of 2020. As per allegation in the F.I.R., the official has

          inspected the shop of the petitioner on 25.09.2024 and in course

          of inspection it has been found that there was zero balance of

          food grains. Learned counsel for the petitioner further submits

          that without verifying the physical verification, the petitioner

          has been made accused in the present case and the official has

          not verified the stock register of the petitioner.

                         5. Learned APP for the State has opposed the prayer

          for anticipatory bail of the petitioner.

                         6. Considering the facts and circumstances of the

          case and the fact that the petitioner having clean antecedent and

          official without verifying the record has instituted the present

          case, let the petitioner, above named, in the event of her 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/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          learned     S.D.J.M.,       Sherghati,      Gaya   in   connection   with

          Barachatti P.S. Case No. 439 of 2024, subject to the conditions

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

          Procedure/ Section 482(2) of BNSS, 2023 and with other

          following conditions :-
               Patna High Court CR. MISC. No.619 of 2026(2) dt.17-02-2026
                                                           3/3




                                      (1) Petitioner shall co-operate in the trial and shall be

                         properly represented on each and every date fixed by the Court

                         and shall remain physically present as directed by the Court and

                         on her absence on two consecutive dates without sufficient

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

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) 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 her

                         criminal antecedent, the court below shall take step for

                         cancellation of bail bond of the petitioner.             However, the

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

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

                         verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


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