Patna High Court
Tej Narayan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
- Essential Commodities Act — s. 7
- Indian Penal Code — s. 409, 420
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
2/3
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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