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Patna High Court

Tej Narayan SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, subject to a bond and conditions under Section 482(2) of the CrPC.

Summary

The petitioner, Tej Narayan Singh, was named in an FIR for alleged offences under Sections 409 and 420 of the IPC and Section 7 of the Essential Commodities Act, based on a claim that rice and wheat recorded in an e‑POS system were missing on physical inspection, suggesting a black‑market sale. The petitioner contended that his stock register showed he had received considerably less quantity than alleged, that the goods were distributed to beneficiaries, and that the case was false, arising from his refusal to pay illegal gratification. The State opposed bail, arguing the seriousness of the charges. The Court examined the stock register, found it created a prima facie doubt but also noted the suspicious nature of the allegations, and consequently ordered the petitioner’s release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 482(2) of the CrPC. The order effectively granted bail while the main criminal case remains pending.

Issues considered

  • Whether the petitioner is entitled to bail despite the prima facie suspicion arising from the FIR alleging offences under IPC Sections 409, 420 and Essential Commodities Act Section 7.

Legislation cited

Subjects

  • bail
  • criminal breach of trust
  • cheating
  • Essential Commodities Act
  • stock register
  • black market
  • IPC
  • CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69066 of 2024
                         Arising Out of PS. Case No.-59 Year-2024 Thana- GARHI District- Jamui
                 ======================================================
                 Tej Narayan Singh Son of Late Gaya Singh Resident of Village - Dhanway,
                 Po and ps- Garhi, Dist- jamui

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Santosh Kumar
                 For the Opposite Party/s :       Mr.Parmeshwar Mehta
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   03-02-2026                    Heard the parties.

                                2. The petitioner is named in the F.I.R. and

                   apprehending his arrest in connection with Garhi P.S.

                   Case No. 59 of 2024 registered for the offences

                   punishable under Sections 409, 420 of IPC and Section 7

                   of E.C. Act.

                                3. As per FIR, e-POS machine for Rice and

                   Wheat as supplied to petitioner being dealer suggest

                   stock of 655.39 quintal of Rice and 191.54 quintal of

                   Wheat, but upon physical inspection same was found nil,

                   suggesting that the aforesaid quantity of Rice and Wheat

                   were sold by petitioner in black market.
Patna High Court CR. MISC. No.69066 of 2024(3) dt.03-02-2026
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                       4. It is submitted by learned counsel appearing

          on behalf of the petitioner that from the stock register

          available with this petitioner, he received total of 409.91

          Quintal of Rice and 178.76 Quintal of wheat from the

          month of January, 2023 to May, 2024, therefore there is

          no question to sell 655.39 quintal of Rice and 191.54

          quintal of Wheat in black market as alleged. It is

          submitted that when the petitioner fail to satisfy illegal

          gratification as demanded by informant being Block

          Supply Officer, the present false case was lodged. It is

          submitted that the Wheat and Rice was actually received

          by petitioner being dealer, was distributed among

          beneficiaries as per register. It is submitted that during

          inspection the entire records and register were produced

          before the informant but same was overlooked out of

          biased approach the reason best known to the informant.

          While concluding argument, it is submitted that petitioner

          claimed clean antecedent.

                       5. Learned APP opposes the prayer of bail.
              Patna High Court CR. MISC. No.69066 of 2024(3) dt.03-02-2026
                                                          3/3




                                     6. In view of aforesaid factual submission and by

                        taking note of fact as stock register prima-facie creates a

                        doubt qua receiving the quantity, in issue, during the

                        month of January, 2023 to May 2024 as submitted

                        aforesaid and in view of same allegations as raised

                        against       petitioner       appears        prima-facie   suspicious,

                        accordingly petitioner above-named, in the event of his

                        arrest or surrender before the court below within a period

                        of four weeks, is directed to be released on bail,

                        furnishing bail bond of Rs. 10,000/- (Rupees Ten

                        Thousand) with two sureties of the like amount each to

                        the satisfaction of the learned SDJM, Jamui/concerned

                        Court, where the case is pending in connection with Garhi

                        P.S. Case No. 59 of 2024, subject to the conditions as

                        laid down under Section 482(2) of BNSS.



                                                                 (Chandra Shekhar Jha, J)
Sudha/-

U         T


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