Patna High Court
Md. Ashfaque @ Ashfaque AlamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that, given the petitioner’s clean antecedents and willingness to deposit the alleged amount, provisional bail for one year should be granted subject to the stipulated conditions.
Summary
The petitioner, a 71‑year‑old PDS dealer, applied for anticipatory bail in a case alleging offences under Sections 420, 406 and 34 of the Indian Penal Code and Section 7 of the Essential Commodities Act, relating to alleged black‑marketing of rice and wheat worth Rs 11 lakhs. The petitioner claimed innocence, clean antecedents and offered to deposit the alleged amount in instalments, while his PDS licence had already been suspended. The State opposed the bail, arguing the seriousness of the allegations. The High Court, after considering the general nature of the accusations, the petitioner’s age, clean record and his undertaking to pay, granted provisional bail for one year subject to a cash deposit of Rs 4 lakhs and the balance in twelve monthly instalments. The order was made under Section 482(2) of the B.N.S.S. and expressly stated that it was issued without prejudice to the merits of the case. The trial court was directed to confirm the bail once the full amount is paid.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the IPC and Essential Commodities Act
- Whether the conditions imposed, including monetary deposits, are appropriate under Section 482(2) of the B.N.S.S.
Legislation cited
- B.N.S.S. — s. 482(2)
- Essential Commodities Act — s. 7
- Indian Penal Code — s. 34, 406, 420
Subjects
- anticipatory bail
- provisional bail
- Section 420 IPC
- Section 406 IPC
- Section 34 IPC
- Essential Commodities Act
- black marketing
- PDS dealer
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72345 of 2025
Arising Out of PS. Case No.-380 Year-2022 Thana- JOKIHAT District- Araria
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Md. Ashfaque @ Ashfaque Alam S/o Late Zamil R/o Village- Bhagwanpur,
Ward No. 04, P.S.- Jokihat, District- Araria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Raj Kumar Hasda (B.S.O.), Son of Lal Hasda Resident of Joteli, P.S.-
Bihariganj, Madhepura present address- B.S.O., Jokihat, P.S.- Jokihat, Araria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. N. K. Agarwal, Sr. Advocate
Mr. Kumar Rajdeep, Advocate
Ms. Dikasha Kumari, Advocate
For the State : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 15-01-2026 Heard Mr. N. K. Agarwal, learned senior counsel
appearing on behalf of the petitioner and Mr. Pramod Kumar
Pandey, learned APP appearing on behalf of the State.
2. This is second anticipatory bail application on
behalf of the petitioner. Earlier, the prayer for grant of
anticipatory bail to the petitioner was dismissed as withdrawn
vide order dated 04.02.2023 passed in Cr. Misc. No. 75096 of
2022.
3. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 420, 406
and 34 of the Indian Penal Code and Section 7 of the Essential
Commodities Act.
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4. As per prosecution case, this petitioner, who is a
P.D.S. dealer, in connivance with other accused persons,
committed bugling in distribution of food grains and black
marketed huge amount of rice and wheat.
5. It is submitted by learned senior counsel appearing
on behalf of the petitioner that petitioner is quite innocent and
has committed no offence. Petitioner is aged about 71 years and
his P.D.S. license has already been suspended. It is further
submitted that the maximum price of the rice and wheat
allegedly misappropriated by this petitioner amounts to Rs.
11,00,000/- (Rupees eleven lakhs) and at this stage, without
admitting his guilt, petitioner is ready to deposit the alleged
defalcated amount, in easy installments. Petitioner claims clean
antecedents.
6. On the other hand, learned A.P.P. appearing on
behalf of the State has vehemently opposed the prayer for grant
of anticipatory bail to the petitioner.
7. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, clean
antecedents and aforesaid undertaking of the petitioner,
provisional bail for a period of one year is granted to the
petitioner from the date of furnishing bail bond.
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8. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on provisional bail for a period of one
year on furnishing bail-bond of Rs. 10,000/- (ten thousand) with
two sureties of the like amount each to the satisfaction of
learned S.D.J.M., Araria in connection with Jokhihat P.S. Case
No. 380 of 2022, subject to condition as laid down under
Section 482(2) of the B.N.S.S., along with the following terms
and conditions:
“A. At the time of furnishing bail-bond Rs.
4,00,000/- (Rupees four lakh) shall be
deposited through cash in the Nazarat of the
Civil Court, Araria.
B. Rest amount i.e. Rs. 7,00,000/- (Rupees
seven lakh) shall be deposited in the Nazarat
of Civil Court, Araria in 12 equal monthly
installments within a period of one year from
the date of furnishing bail-bond.
C. The aforesaid payment shall be subject to the
final outcome of the case.
D. If petitioner fails to comply the aforesaid
direction of this Court, the learned Trial Court
is free to cancel the bail-bond of the
petitioner.
E. The learned trial court shall confirm the
provisional bail after being satisfied that the
petitioner has paid the entire amount, as
mentioned here-in-above.”
9. It is made clear that without going into the merit of
the case, the aforesaid order has been passed only for the
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purpose of grant of bail.
(Prabhat Kumar Singh, J)
shashank/-
U T
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