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Patna High Court

Renu DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner.

Summary

Renu Devi, the treasurer of Tulsi Jivika Gram Sangathan, was implicated in an FIR alleging that wheat allotted to her organization was diverted and sold in the black market, violating sections of the Bharatiya Nyaya Sanhita, 2023 and the Essential Commodities Act. The prosecution alleged a stock deviation of 39.16 quintals, with the diverted grain purportedly received by another licensee, Sri Ram Krishna Pandit. The petitioner sought anticipatory bail, contending that the licence was suspended and that the evidence, including POS machine records, was falsified. The State opposed the bail. The court examined the allegations and, noting that the grain had already been accounted for by the other licensee, granted anticipatory bail subject to conditions under Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The bail order required a bond, sureties, and compliance with conditions such as regular court appearances and non‑interference with witnesses.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita despite the FIR alleging black marketing and stock deviation.
  • Whether the allegations and evidence presented by the prosecution are sufficient to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • black marketing
  • essential commodities act
  • food grain distribution
  • stock deviation
  • criminal procedure
  • bail conditions

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.6663 of 2026
                         Arising Out of PS. Case No.-116 Year-2025 Thana- NADI District- Supaul
                 ======================================================
                 Renu Devi W/O Krishna Prasad Tulsi @ Krishna Prasad R/O Village- Tulsi
                 Jivika Gram Sansathan, Jan Vitaran Pranali Licence No. 14/2018, Kadmaha,
                 P.S- Supaul, Nadi Thana, Distt.- Supaul.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Baleshwar Kamat
                 For the State            :        Mr.Bharat Lal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   04-02-2026                      Heard the learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The petitioner is apprehending her arrest in

                   connection with Supaul Nadi P.S. Case No. 116 of 2025 (G.R,

                   No. 2287 of 2025), F.I.R dated 13.09.2025 registered for the

                   offences punishable under Sections 318(4), 338, 336(3), 340(2)

                   of    Bharatiya Nyaya Sanhita, 2023 and 07 of the Essential

                   Commodities Act.

                                3. According to prosecution case, the informant had

                   submitted a report to Supaul Nadi P.S. alleging that in course of

                   inspection of the shop of the petitioner about 39.16 qunital

                   wheat was less in the godown, which was sold in the black-

                   market and it is also alleged that she is also involved in black
Patna High Court CR. MISC. No.6663 of 2026(2) dt.04-02-2026
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          marketing and distributing less quantity to the consumers.

                      4. Learned counsel for the petitioner submits that the

          PDS licence is said to have been issued in favour of Tulsi Jivika

          Gram Sangathan, in which Kiran Devi is the Chairman, Sanju

          Devi is the secretary and the petitioner – Renu Devi is Treasurer.

          It is next submitted that for an allegation of stock deviation, the

          licence is said to have been suspended and was tagged with the

          shop of the Sri Ram Krishna Pandit bearing License No.

          45/2016 FPS Code-120800400049 of the same Gram Panchayat,

          Kadamaha. It is further submitted that the allegations of the

          food grains being deviated by referring to the POS machine get

          falsified with Annexure-P/5, whereby the remaining food grains

          have been received by Sri Ram Krishna Pandit, to whom the

          license with respect to Tulsi Jivika Gram Sangathan is said to be

          tagged with. It is next submitted that while registering the First

          Information Report by Block Supply Officer, Marauna,

          Annexure-5 has not been taken into consideration.

                      5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       6. Considering the fact that the quantity, which is

          being shown to have been black marketed by this petitioner, has

          already been received by Sri Ram Krishna Pandit with whom,
Patna High Court CR. MISC. No.6663 of 2026(2) dt.04-02-2026
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          the license of Tulsi Jivika Gram Sangathan is tagged with. This

          Court finds it proper to grant the privilege of anticipatory bail.

          Accordingly, anticipatory bail is granted to the petitioner.

                       7. Let the petitioner, above named, in the event of

          his/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/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of Smt. Rakhi Kumari, learned Judicial Magistrate,

          1st Class, Supaul in connection with Supaul Nadi P.S. Case No.

          116 of 2025 (G.R, No. 2287 of 2025), 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) one of the bailors should be the family

          member/relative of the petitioner(s) who shall provide official

          document to show his/her bona fide;

                       (ii) the petitioner(s) 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/their bail bond by the Trial Court itself;

                       (iii) the petitioner(s) shall in no way try to induce or
           Patna High Court CR. MISC. No.6663 of 2026(2) dt.04-02-2026
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                     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(s) shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of their bail bonds.



                                                   (Ajit Kumar, J)
abhishekkr/-

U      T


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