Patna High Court
Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAMESH CHAND MALVIYA
Holding
Regular bail was denied as the offences were deemed serious and posed a public health threat.
Summary
The petitioner, Sanjay Kumar, a salt supplier, was arrested in connection with alleged illegal sale of non‑iodised salt and related equipment, violating several provisions of the BNS and the Food Safety and Standards Act, 2006. The FIR alleged that large quantities of various branded salts and machinery were recovered from his godown, posing serious health risks to the public. The petitioner contended that he was falsely implicated, had a clean antecedent, and that no incriminating articles were found in his possession, seeking regular bail. The State opposed bail, emphasizing the gravity of the offences and the potential public health hazards. The Court, after reviewing the FIR, informant report, and case diary, found the allegations serious and declined to grant bail, directing the petitioner to re‑apply after eight months of custody. The order thus rejected the bail petition.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seriousness of the offences under the BNS and the Food Safety and Standards Act.
Legislation cited
- BNS — s. 274, 275, 318, 336, 338, 340
- Food Safety and Standards Act — s. 51, 52, 56
Subjects
- bail
- illegal salt trade
- food safety
- public health
- criminal procedure
- Section 338
- Section 336(3)
- Section 340(2)
- Section 274
- Section 275
- Section 318(2)(3)
- Section 318(4)
- Section 56
- Section 51
- Section 52
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7165 of 2026
Arising Out of PS. Case No.-216 Year-2025 Thana- DARIGAON District- Rohtas
======================================================
Sanjay Kumar, aged about 46 years, Gender-Male, Son of Jagdish Prasad,
Resident of village- Alamganj, Shobhaganj, P.S.- Sasaram Town, District-
Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner, learned APP
for the State and perused the case diary.
2. The petitioner is in custody in a case registered for
the offence punishable under Sections 338, 336(3), 340(2), 274,
275, 318(2)(3) and 318(4) of the BNS and Sections 56, 51 and
52 of the F.S of the Standard Act, 2006.
3. As per allegation in the FIR, the informant was
conducted a raiding team and reached the illegal godown of the
petitioner’ shop, namely, Durga Salt Supplier situated at Gola
Bazar and found several Nirma company salt 30 packets, Nirma
company 190 packets, Tata company salt 125 packets, Tata salt
vacuum evaporated iodised 400 vacant wrapper, Tata salt vacant
39 packets, Nirma Shudh Salt vacuum evaporated vacant 126
packets, Nirma company 220 packets, Nirma company 21
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packets, Bandhan rock salt sendha namak company 650 packets,
Sankhs rock salt 118 packets, Sankhs Captain Cook iodised sea
salt 230 packets, Shukti rock salt 230 packets, Automatia film
sealing machine moder FR 900 power 0.65 KW, source 220
V/50HZ, Speed 0-12 /min machine and Revo since 1942 model
DA BAG closer swarup mechanical works machine was
recovered from the godown of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in this case. He next
submits that petitioner is a business man and he has got clean
antecedent as stated in para-3 of the petition and he is in custody
since 03.12.2025. He next submits that petitioner was neither
arrest at the spot nor any incriminating articles have been
recovered form the possession of the petitioner. He next submits
that from perusal of the FIR, the petitioner has got a shop in the
name and style of Durga Salt Supplier at Gola Bazar, Sasaram but
no Salt of Tata Company were recovered form the shop of the
petitioner which itself goes to show that the petitioner was not
going to sale the Salt of Tata Company from his shop as stated in
para-10 of the petition.
5. Learned APP for the State opposes the prayer for
regular bail of the petitioner and submits that petitioner is
trading of illegal name of Tata Company Salt and transported to
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his shop which is very serious matter in this case.
6. On perusal of the first informant report, case diary
and impugned order dated 03.01.2026, it appears that non-
iodised salt consumption has very serious health consumption
including congenital defects in babies, pregnant women and also
necessary for well being of ordinary people and so the sale has
been forbidden by regulation under FSS Act and the huge
recovery of common salt, wrappers, sealing machine, closing
machine etc indicate the large scale and magnitude of the illegal
operation allegedly being run by the petitioner posing serious
health threat to public at large including still birth, physical and
mental disorder etc to ordinary people and several witnesses
have also supported the case of the prosecution, so I am not
inclined to grant bail to the petitioner.
7. Accordingly, the prayer for regular bail of the
petitioner is hereby rejected.
8. However, petitioner is directed to renew his prayer
for bail before the learned trial Court after completion of eight
months of custody.
(Ramesh Chand Malviya, J)
Brajesh Kumar/-
U T
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