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Patna High Court

Danish Ahamad @ Danish Ahamad KhanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




                                  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
           Patna High Court CR. MISC. No.67330 of 2025(4) dt.19-03-2026
                                                       3/3




                     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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