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Patna High Court

Arjun DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner with specified conditions.

Summary

Arjun Das, who runs a PDS shop in Dobhi, Gaya, was implicated in a case alleging shortage of rice and wheat, invoking Sections 319(2) and 318(4) of the Bharatiya Nyaya Sanhita and Section 7 of the Essential Commodities Act. The prosecution alleged that the missing stock was sold in the black market, while the petitioner contended that the e‑POS system’s reliance on internet connectivity caused a misreading of stock levels and that he has a clean record since 1993. His PDS licence had been suspended on 15‑09‑2025. The petitioner applied for anticipatory bail, which the State opposed. The Court, considering the nature of the accusation and the licence cancellation, granted anticipatory bail subject to a bail‑bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the Bharatiya Nyaya Sanhita and the Essential Commodities Act despite the suspension of his PDS licence.

Legislation cited

Subjects

  • anticipatory bail
  • PDS shop
  • essential commodities
  • stock shortage
  • license suspension
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8048 of 2026
                          Arising Out of PS. Case No.-233 Year-2025 Thana- DOBHI District- Gaya
                 ======================================================
                 Arjun Das S/O Kuleshwar Das R/O vill.- Kushabija, Chakala, P.S - Dobhi,
                 Dist- Gaya.
                                                                          ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. N.K. Agrawal, Sr. Advocate
                                                   Mr. Kumar Rajdeep, Advocate
                 For the Opposite Party/s :        Mr. Parmeshwar Mehta, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-02-2026                   Heard learned counsel for the petitioner and the State.

                                 2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 319(2), 318(4) of the

                   Bharatiya Nyaya Sanhita and Section 7 of the Essential

                   Commodities Act.

                                 3. Prosecution case, in brief, is that on 02.09.2025,

                   this informant, being Block Supply Officer, inspected PDS shop

                   of the petitioner where shortage of 10.5 quintal rice and 26.5

                   quintal wheat was found. Informant suspects that the same has

                   been sold in black-market.

                                 4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Petitioner

                   has been running the PDS shop in question since 1993 without

                   any complaints. As a matter of fact, e-POS machine functions
            Patna High Court CR. MISC. No.8048 of 2026(2) dt.11-02-2026
                                                        2/2




                      entirely on internet connectivity and real-time network signals

                      which resulted in miscalculation and misreading of the stock by

                      the authorities. He further submits that PDS license of the

                      petitioner has already been suspended on 15.09.2025 by the Sub

                      Divisional Officer, Sherghati (Annexure-2). Petitioner claims

                      clean antecedent.

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

                      the bail application.

                                   6. Considering nature of accusation and the fact that

                      PDS license of the petitioner has been cancelled, 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 Additional Chief Judicial Magistrate- 1 st,

                      Sherghati at Gaya in connection with Dobhi P. S. Case No. 233

                      of 2025, subject to condition as laid down under Section 482(2)

                      of the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                            (Prabhat Kumar Singh, J)
Navya/-
U       T


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