Patna High Court

Umesh Yadav @ Umesh Prasad YadavversusThe State of Bihar

Decided: 5 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Umesh Yadav, was implicated in a case under Section 7 of the Essential Commodities Act for alleged black‑marketing of wheat and rice from his PDS shop, with a reported shortage of 7.77 quintals of wheat and 116.57 quintals of rice. He contended that the allegations were false, that the FIR did not disclose any violation of Section 3 of the Act, and that the discrepancy was due to systemic irregularities in the e‑POS system across Bihar. The petitioner also highlighted that his PDS licence had been cancelled by the SDO, a cancellation later quashed by the High Court in CWJC No. 11717 of 2025. The State opposed the anticipatory bail application, arguing the seriousness of the offence. Considering the petitioner’s clean antecedents, the nature of the accusation, and the pending legal questions, the Court granted anticipatory bail subject to a bond of Rs 10,000 and two sureties, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directs that if arrested, the petitioner be released on bail within eight weeks upon compliance with the stipulated conditions.

Issues considered

What is the appropriateness of granting anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in a case alleging violation of Section 7 of the Essential Commodities Act?
Whether the allegations of black‑marketing of subsidised foodgrains constitute a ground to deny anticipatory bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Essential Commodities Act — s. 7

Subjects

anticipatory bail
Essential Commodities Act
black marketing
PDS
Section 7
Section 482(2)
Bharatiya Nagarik Suraksha Sanhita
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82521 of 2025
                        Arising Out of PS. Case No.-238 Year-2025 Thana- BELHAR District- Banka
                 ======================================================
                 Umesh Yadav @ Umesh Prasad Yadav Son of Ramfal Yadav Resident Of
                 Village -Nagel PS- Belhar District -Banka
                                                                    ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kumar Gaurav, Advocate
                 For the Opposite Party/s :       Mr. Pramod Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   05-01-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under Section 7 of the Essential

                   Commodities Act.

                                3. Prosecution case, in brief, is that during inspection

                   of PDS shop of the petitioner, shortage of 7.77 quintal of wheat

                   and 116.57 quintal of rice was found. It is alleged that this

                   petitioner was involved in the black-marketing of foodgrains.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Allegation

                   of black-marketing of the subsidized foodgrains for the purpose

                   of personal benefit is totally false and concocted. F.I.R. does not

                   suggest any contravention of order under Section 3 of the

                   Essential Commodities Act. As a matter of fact, there was

                   irregularity between the physical stock and e-POS machine
            Patna High Court CR. MISC. No.82521 of 2025(2) dt.05-01-2026
                                                        2/2




                      across Bihar since 2020. Moreover, PDS license of the

                      petitioner had already been cancelled by the SDO, Banka vide

                      Memo No. 633 dated 19.05.2025. He further submits that

                      Hon’ble High Court has quashed the aforesaid order of the

                      SDO, Banka vide CWJC No. 11717 of 2025 dated 06.08.2025.

                      Petitioner claims clean antecedent.

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

                      the bail application.

                                   6. Considering backdrop of the case, nature of

                      accusation and clean antecedent, 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 District & Additional

                      Sessions Judge-III, Banka in connection with Belhar P. S. Case

                      No. 238 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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