Patna High Court
Renu DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 336(3), 338, 340(2)
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
- Essential Commodities Act — s. 7
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
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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,
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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
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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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