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Patna High Court

Sanjay KumarversusThe State of Bihar

Decided
Disposal
REJECTED

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

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
Patna High Court CR. MISC. No.7165 of 2026(3) dt.01-04-2026
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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
          Patna High Court CR. MISC. No.7165 of 2026(3) dt.01-04-2026
                                                      3/3




                    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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