Patna High Court
Arjun DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 318(4), 319(2)
- Essential Commodities Act — s. 7
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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