Patna High Court
Nikhat PraveenversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioner, Nikhat Praveen, a PDS shop owner, was implicated in a case alleging shortage of 312.42 quintals of rice and 18.42 quintals of wheat, purportedly amounting to black‑marketing of subsidised food grains under Section 316(2) of the Bharatiya Nyaya Sanhita and Section 7 of the Essential Commodities Act. She contended that the discrepancy arose from a defective e‑POS machine and that no complaint had been lodged by customers; additionally, her PDS licence had already been cancelled. The State opposed the anticipatory bail application, arguing a prima facie case of offence. The court examined whether the cancellation of the licence and the alleged technical fault negated the necessity of arrest. Considering the licence cancellation and lack of concrete evidence, the court allowed anticipatory bail, directing the petitioner to surrender within eight weeks and furnish a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail can be granted in a case of alleged black‑marketing of subsidised food grains under Section 316(2) BN S and Section 7 ECS Act.
- Whether the cancellation of the petitioner’s PDS licence and the alleged defect in the e‑POS machine defeat the necessity of arrest.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 316(2)
- Essential Commodities Act — s. 7
Subjects
- anticipatory bail
- black marketing
- essential commodities
- PDS
- e-POS machine
- license cancellation
- Section 316
- Section 7
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80332 of 2025
Arising Out of PS. Case No.-279 Year-2025 Thana- NAVINAGAR District- Aurangabad
======================================================
Nikhat Praveen W/o- Mahbub Alam Village- Parasia, W.No-2, Ps- Nabinagar
Dist- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mukul Kumari, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 31-03-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Section 316(2) of the Bharatiya
Nyaya Sanhita and Section 7 of the Essential Commodities Act.
3. As per prosecution case, during inspection,
discrepancy of 312.42 quintals of rice and 18.42 quintals of
wheat was found from PDS shop of this petitioner. Petitioner is
alleged to have been involved in black-marketing of the
subsidized foodgrains.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. As a matter
of fact, due to defective e-POS machine, the alleged shortage of
food grains was found. There is no complaint by any of the
customers that this petitioner is involved in black-marketing of
Patna High Court CR. MISC. No.80332 of 2025(5) dt.31-03-2026
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foodgrains. It is lastly submitted that PDS license of petitioner
has already been cancelled by Sub-Divisional Officer,
Nabinagar, Aurangabad vide Letter No. 519 dated 10.09.2025.
Petitioner claims clean antecedents.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the fact that PDS license of petitioner
has already been cancelled, this anticipatory bail is allowed and
it is ordered that let the above named petitioner in the event of
her 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 Additional Chief Judicial
Magistrate I, Aurangabad in connection with Nabinagar P. S.
Case No. 279 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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