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Patna High Court

Umesh SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to conditions.

Summary

The petitioner, Umesh Sah, a farmer, was implicated in a raid that recovered 2334.350 kg of rice alleged to be for black marketing under Section 7 of the Essential Commodities Act. He contended that he purchased the rice from small vendors for resale and was not a PDS dealer, asserting his innocence and clean antecedents. The State opposed his anticipatory bail application, arguing the seriousness of the alleged offence. The Court, after considering the facts and noting that similarly situated co‑accused had been granted bail, allowed the anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directs that if arrested within eight weeks, the petitioner be released on bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner accused under Section 7 of the Essential Commodities Act for alleged black marketing of rice
  • Whether the petitioner is likely to flee, tamper with evidence, or otherwise obstruct the investigation

Legislation cited

Subjects

  • anticipatory bail
  • Essential Commodities Act
  • black marketing
  • rice seizure
  • Section 7
  • Section 482(2)
  • Bharatiya Nagarik Suraksha Sanhita
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74679 of 2025
                     Arising Out of PS. Case No.-233 Year-2024 Thana- GORIAKOTHI District- Siwan
                 ======================================================
                 Umesh Sah S/o Late Ramji Sah Resident of Village - Kokil Hata, P.S. - Gorea
                 Kothi, District - Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bijay Prakash Singh, Advocate
                 For the Opposite Party/s :      Mr. Parmeshwar Mehta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   05-02-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Section 7 of the Essential

                   Commodities Act.

                                3 . According to F.I.R., on the alleged date and time of

                   occurrence , on the basis of secret information, a raid was

                   conducted in the house of this petitioner and 2334.350 Kg rice

                   was recovered which was allegedly kept for black marketing.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. As a matter

                   of fact, petitioner is a farmer and engaged in sale and purchase

                   of foodgrains and has purchased the aforesaid rice from small

                   vendors for resale. Petitioner is not a PDS dealer and as such,

                   the rice in question cannot be said to be kept for black
            Patna High Court CR. MISC. No.74679 of 2025(2) dt.05-02-2026
                                                        2/2




                      marketing Petitioner claims clean antecedent. Similarly situated

                      co-accused persons has already been granted bail by this

                      Hon’ble Court vide order dated 13.08.2025 in Cr. Misc. No.

                      53145 of 2025 .

                                   5. Learned A.P.P. for the State vehemently opposed

                      the bail application.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, this anticipatory bail is allowed and it is ordered that

                      let the above named petitioner in the event of his

                      arrest/surrender before the court below within a period of eight

                      weeks from today, be enlarged on bail on furnishing bail-bond

                      of Rs. 10,000/- (ten thousand) with two sureties of the like

                      amount each to the satisfaction of Judicial Magistrate 1st Class,

                      Siwan in connection with GoreyaKothi P. S. Case No. 233 of

                      2024, subject to condition as laid down under Section 482(2) of

                      the Bharatiya Nagarik Suraksha Sanhita, 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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