Patna High Court
Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner, subject to strict conditions.
Summary
Sanjay Kumar was implicated in a case of alleged siphoning of wheat and rice from his Fair Price Shop, leading to an FIR under Sections 316(2), 315(5), 318(4) of the Bharatiya Nyaya Sanhita and Section 7 of the Essential Commodities Act. The petitioner sought anticipatory bail, arguing that he could have satisfied the supply inspector if given a chance. The State opposed, citing his criminal antecedents. The court noted the seriousness of the allegations but also the petitioner’s willingness to cooperate and compensate for the missing grains. Consequently, the court granted anticipatory bail, subject to a Rs.10,000 bond, two sureties, and several conditions including appearance before authorities and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the allegations of food‑grain siphoning and his criminal antecedents
Legislation cited
- Bharatiya Nyaya Sanhita — s. 315(5), 316(2), 318(4)
- Essential Commodities Act — s. 7
Subjects
- anticipatory bail
- food grain theft
- Essential Commodities Act
- Bharatiya Nyaya Sanhita
- supply chain corruption
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6615 of 2026
Arising Out of PS. Case No.-109 Year-2025 Thana- Baijnathpur District- Saharsa
======================================================
Sanjay Kumar Son of Late Jawahar Ram R/o Village - Tiri, P.S. - Baijnathpur,
Dist. - Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suman Kumar Jha, Advocate
: Ms. Rupali Jha, Advocate
For the State : Mr. Parmeshwar Mehta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 01-04-2026 Heard Mr. Suman Kumar Jha, learned counsel
for the petitioner and learned APP representing the State.
2. The petitioner is apprehending his arrest in
connection with Baijnathpur P.S. Case No. 109 of 2025
registered for the offence under Sections 316(2), 315(5) and
318(4) of the Bharatiya Nyaya Sanhita and section 7 of the
Essential Commodities Act, lodged on 11.09.2025 by the
informant, Md. Danish Raza.
3. As per the prosecution story, the Supply Inspector
visited the Fair Price Shop of the petitioner and found that
against 135.04 quintals of wheat and 153.94 quintals of rice, the
availability was only 7.5 quintals and 40 quintals respectively.
Patna High Court CR. MISC. No.6615 of 2026(3) dt.01-04-2026
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This led to the F.I.R..
4. Learned counsel for the petitioner submits that
given a chance, he would have satisfied the officer concerned,
instead, the F.I.R..
5. Learned APP opposes the prayer submitting that he
has criminal antecedent.
6. Though there is allegation against the petitioner
and it is unfortunate that scheme meant for the poor section of
the society for those who otherwise are unable to feed
themselves and the Government have come up with the scheme,
the allegation is of siphoning of the food grains. However, since
the petitioner has shown his inclination to settle the matter with
the opposite party, a chance has to be given.
7. The petitioner will be appearing before the District
Supply Officer, Saharsa on 20.04.2026 at 11 AM in his/her
office whereafter the officer shall be free to fix further date
according to his/her convenience. The documents available on
record shall be served upon the petitioner who in turn shall give
details of the beneficiaries. The missing food grains have to be
compensated by the petitioner by paying the amount. With the
aforesaid observation, in that background, this Court is inclined
to extend him the privilege of anticipatory bail.
Patna High Court CR. MISC. No.6615 of 2026(3) dt.01-04-2026
3/4
8. 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 Sub-Divisional Judicial Magistrate,
Saharsa, in connection with Baijnathpur P.S. Case No. 109 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 (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) 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/her
bail bond by the Trial Court itself;
(iv) 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;
Patna High Court CR. MISC. No.6615 of 2026(3) dt.01-04-2026
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(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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