Patna High Court
Danish Ahamad @ Danish Ahamad KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner with conditions.
Summary
The petitioner, Danish Ahamad, feared arrest in connection with a FIR registered under sections 316(2), 316(5), 318(4) and 3(5) of the Bihar Food Security Act, 2023, relating to alleged irregularities in paddy procurement. The State Food Corporation, West Champaran, filed a counter‑affidavit stating that it had received 4,460.75 quintals of CMR against 6,495 quintals of paddy and that the PACS Chairman had directed the paddy to a miller. The informant acknowledged that the grain in question formed part of the FIR. The court examined the petition for anticipatory bail under Section 438(2) of the Criminal Procedure Code. Considering the facts and the counter‑affidavit, the court granted anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and specific conditions regarding court appearances, non‑interference with witnesses, and abstention from further offences. The order directs that the bail be released by the Judicial Magistrate‑1st Class, Bagaha, within four weeks of receipt of the order.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438(2) of the Criminal Procedure Code in view of the allegations under the Bihar Food Security Act, 2023.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Bihar Food Security Act
- food grain procurement
- bail conditions
- FIR
- State Food Corporation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67330 of 2025
Arising Out of PS. Case No.-26 Year-2025 Thana- Chiutahan(Naxal) District- West
Champaran
======================================================
Danish Ahamad @ Danish Ahamad Khan Son of Sarafaraz Ahmad Resident
of Ward No. 02, Bairati, P.S. - Chiutahan, Dist. - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Chandra, Adv.
For the Opposite Party/s : Mr. Choubey Jawahar, APP
For BSFC : Ms. Anukriti Jaipuriar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 19-03-2026 Heard Mr. Shashank Chandra, learned Counsel for
the petitioner and Ms. Anukriti Jaipuriar for the informant
besides the State.
2. The petitioner apprehends his arrest in connection
with Chiutahan P.S. Case No. 26 of 2025 for the offence
registered under sections 316(2), 316(5) and 318(4) and 3(5) of
the BNS, 2023.
3. Pursuant to the last order passed by the Co-ordinate
Bench, a counter affidavit has come on behalf of the State Food
Corporation, West Champaran, Bettiah and paragraph 9 read as
follows:
9. That as per Annexure-P/3 and
P/4, the District Manager, SFC, Bettiah has
Patna High Court CR. MISC. No.67330 of 2025(4) dt.19-03-2026
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produce document and admitted that the
opposite party/ BSFC, has received 4460.75
quintal of CMR against 6495 quintal of
paddy and further stated that the PACS
Chairman and manager has directed to 6495
quintal of paddy to the miller.
5. Learned counsel for the informant acknowledges
that ‘the BSFC’ has received the food grain that is/was part of
the FIR.
6. Considering the aforesaid fact, this Court is
inclined to grant him the anticipatory bail with conditions.
7. Let the petitioner in the event of arrest or surrender
within a period of four weeks from the date of receipt of the
order, shall be released on anticipatory bail on furnishing bail of
Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned Judicial
Magistrate-1st Class, Bagaha, West Champaran in connection
with Chiutahan P.S. Case No. 26 of 2025 subject to condition as
laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioner, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID)
to show his bona fide;
(ii) the petitioner shall appear on each and every date
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before the Trial court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial court itself;
(iii) 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;
(iv) the petitioner shall desist from committing any
criminal offence again failing which the State shall be at liberty
to take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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