Patna High Court

Amrendra Paswan @ Amlendra PaswanversusThe State of Bihar

Decided: 31 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court granted bail to the petitioner subject to a Rs.10,000 bond, two sureties, and compliance with Section 482 conditions.

Summary

The petitioner, Amrendra Paswan, a PDS dealer, was charged under Sections 316(5) and 318(4) of the Bhartiya Nyaya Sanhita and Section 7 of the Essential Commodities Act for allegedly embezzling subsidised wheat and rice and selling it in the black market. He contended that the alleged discrepancy between e‑POS records and physical stock was not intentional and arose from common operational issues faced by PDS dealers, and that the physical verification was not conducted per law and lacked independent witnesses. The State opposed his bail application. The Court considered the nature of the alleged offence, the suspension of the petitioner’s PDS licence, and the statutory provision under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, which empowers the High Court to grant bail. It ordered that the petitioner be released on bail upon surrender within eight weeks, subject to a bail bond of Rs.10,000 and two sureties of equal amount, and compliance with the conditions of Section 482.

Issues considered

What is the appropriateness of granting bail to the petitioner under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 in view of the charges under Sections 316(5), 318(4) of the Bhartiya Nyaya Sanhita and Section 7 of the Essential Commodities Act?
Whether the alleged discrepancy between e‑POS data and physical stock, without independent verification, constitutes a deliberate offence warranting denial of bail?

Legislation cited

Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
Bhartiya Nyaya Sanhita — s. 316(5), 318(4)
Essential Commodities Act — s. 7

Subjects

bail
Section 482
Bhartiya Nyaya Sanhita
Essential Commodities Act
PDS dealer
embezzlement
foodgrain subsidy
e-POS discrepancy

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6674 of 2026
                     Arising Out of PS. Case No.-347 Year-2025 Thana- RANIYATALAB District- Patna
                 ======================================================
                 Amrendra Paswan @ Amlendra Paswan S/o Late Sudarshan Paswan R/o vill -
                 Dorapur, P.S. - Ranitalab, Distt.- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Arvind Kumar
                 For the Opposite Party/s :       Mr.Parmeshwar Mehta
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   31-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence under Sections 316(5), 318(4) of the

                   Bhartiya Nyaya Sanhita and Section 7 of the E.C. Act.

                                3. As per F.I.R., petitioner is a P.D.S. Dealer and is

                   alleged to have embezzled Government subsidized foodgrain

                   i.e. 54.69 quintal of wheat & 31.04 quintal of rice and sold the

                   same in the black-market.

                                4. Learned counsel for the petitioner submits that

                   allegations are based solely on so-called discrepancy between

                   the e-POS data and physical stock without proper consideration

                   of factual and technical aspects involved in operation of PDS

                   system. The alleged discrepancy is not deliberate or intentional.
           Patna High Court CR. MISC. No.6674 of 2026(2) dt.31-01-2026
                                                       2/2




                     It is a common issue, being faced by PDS dealers. The alleged

                     physical verification of stock was not in accordance with law

                     and not supported by any independent witness. Moreover, the

                     PDS license of petitioner has already been suspended by the

                     S.D.O., Paliganj (Patna), vide Memo No 145 dated 12.09.2025

                     i.e. Annexure – 2 to the bail petition.

                                  5. Learned A.P.P. for the State has opposed the bail

                     petition.

                                  6. In the facts and circumstances of the case, let the

                     above named petitioner, in the event of arrest/surrender within a

                     period of eight weeks from today, be enlarged on bail on

                     furnishing bail-bond of Rs. 10,000/- (ten thousand) with two

                     sureties of the like amount each to the satisfaction of learned

                     J.M. 1st Class, Danapur (Patna) in connection with Ranitalab

                     P.S. Case No. 347 of 2025, subject to condition as laid down

                     under Section 482 of the Bhartiya Nagrik Suraksha Sanhita,

                     2023.



                                                     (Prabhat Kumar Singh, J)
anay

U      T

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