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Patna High Court

Sonu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to anticipatory bail as the FIR is contradictory and no prior coercive action was granted.

Summary

The petitioner, Sonu Kumar, sought anticipatory bail after an FIR under Section 7 of the Essential Commodities Act, 1955 alleged that he was involved in black marketing of rice and wheat. The petitioner, a PDS dealer authorized to run another dealer's shop, contended that the alleged shortage pertained to the previous dealer and that the FIR was contradictory. The State opposed bail, emphasizing the black‑marketing allegation. The Court noted that no coercive action had been previously granted and that the FIR’s first paragraph conflicted with its operative part. Consequently, the Court ordered the petitioner’s release on anticipatory bail, subject to a bond of Rs.30,000 and conditions under Section 2(1)(d) and Section 482(2) of the BNSS, 2023.

Issues considered

  • Whether anticipatory bail is warranted when the FIR under the Essential Commodities Act is internally contradictory.
  • Whether the petitioner can be held liable for alleged black marketing of rice and wheat.
  • Whether the provisions of the BNSS, 2023, particularly Sections 2(1)(d) and 482(2), apply to grant anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Essential Commodities Act
  • black marketing
  • PDS dealer
  • FIR contradiction
  • BNSS 2023

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7951 of 2026
                   Arising Out of PS. Case No.-922 Year-2025 Thana- MADHEPURA District- Madhepura
                 ======================================================
                 Sonu Kumar S/o Late Upendra Yadav R/o Village- Chitti, Ward No.01, P.S.-
                 Ghailarh, District- Madhepura

                                                                                ... ... Petitioner/s
                                                      Versus

           1.    The State of Bihar
           2.    Abhijeet Anand S/o Sri Ajeet Kumar at present BSO Ghailarh Block
                 Madhepura

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Vijay Anand, Advocate
                                                 Mr. Roop Kishan, Advocate
                 For the Opposite Party/s :      Mr. Jagdhar Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   01-04-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Madhepura (Ghailarh O.P.) P.S. Case No. 922 of 2025,

                   dated 13.09.2025, lodged under Section 7 of the E.C. Act 1955.

                                3. As per the prosecution, an FIR has been lodged

                   against the present petitioner with the allegation that, upon

                   physical inspection of the godown, the rice and wheat were not

                   found appropriate.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel

                   further submits that the petitioner is a PDS dealer who has been
Patna High Court CR. MISC. No.7951 of 2026(3) dt.01-04-2026
                                            2/3




          subsequently authorised to run the shop of another dealer, Dilip

          Ram, who has been found involved in black marketing. Counsel

          further submits that it has been alleged against the present

          petitioner that he was involved in the black marketing of 154.30

          quintals of rice and 64.55 quintals of wheat, which is not

          correct. During the inspection referred to in the first paragraph,

          it was alleged that such a shortage existed, however, there is no

          such shortage in the E-POS of the petitioner. Rather, the

          corresponding E-POS showing such shortage relates to the

          earlier dealer. Under this wrong impression, the Block Rationing

          Officer has filed the present case against the petitioner.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner and submits that the allegation of black

          marketing is specifically mentioned in the FIR.

                       6. Upon perusal of the records, it transpires to this

          Court that, vide its order dated 17.02.2026, no coercive action

          was granted in favour of the petitioner, and Opposite Party No.

          2 was directed to appear physically on the next appointed date.

          Opposite Party No. 2 appeared physically, however, on that

          date, the case could not be taken up.

                       7. As such, in the present facts and circumstances of

          this case, and particularly considering that the operative part of
         Patna High Court CR. MISC. No.7951 of 2026(3) dt.01-04-2026
                                                     3/3




                   the FIR is in contradiction with the first paragraph of the FIR

                   itself, let the above named petitioner be released on anticipatory

                   bail, in the event of arrest or surrender before the Trial Court

                   within a period of 4 weeks from today, on furnishing bail bond

                   of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in

                   Section 2(1)(d) of the BNSS, 2023 to the satisfaction of C.J.M.,

                   Madhepura, in connection with Madhepura (Ghailarh O.P.) P.S.

                   Case No. 922 of 2025, subject to the conditions as laid down

                   U/s 482(2) of the BNSS, 2023.



                                                                       (Dr. Anshuman, J.)

Aman Kumar/-

U


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