Patna High Court

Rajdeo RamversusThe State of Bihar

Decided: 22 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court granted bail to the petitioner, subject to a bond of Rs.10,000, two sureties, and surrender within eight weeks, under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Summary

The petitioner, Rajdeo Ram, a PDS dealer, was charged with embezzling Rs.4,76,191 of government‑subsidised food grains under Sections 316(5), 318(4), 3(5) of the Bhartiya Nyaya Sanhita and Section 7 of the E.C. Act. He contended that the e‑POS machine malfunctioned, he had lodged a complaint with the Block Supply Officer, and the FIR was filed after a three‑month delay, with physical verification of stock lacking independent witnesses. The petitioner’s PDS licence had been suspended, but he asserted a clean antecedent. The State opposed bail. Considering the delay, alleged procedural irregularities, and the petitioner’s circumstances, the Court ordered bail on a bond of Rs.10,000 with two sureties, to be surrendered within eight weeks, subject to Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Issues considered

Whether bail should be granted in a case involving alleged embezzlement under Sections 316(5), 318(4), 3(5) of the Bhartiya Nyaya Sanhita and Section 7 of the E.C. Act.
Whether the three‑month delay in lodging the FIR and alleged irregularities in the e‑POS machine and stock verification justify the grant of bail.
Whether the suspension of the petitioner’s PDS licence and the nature of the alleged offences preclude bail.

Legislation cited

Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
Bhartiya Nyaya Sanhita — s. 316(5), 318(4), 3(5)
E.C. Act — s. 7

Subjects

bail
embezzlement
PDS dealer
e‑POS irregularity
FIR delay
license suspension
Bhartiya Nyaya Sanhita
E.C. Act
Bhartiya Nagrik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82722 of 2025
                      Arising Out of PS. Case No.-87 Year-2025 Thana- BALIGAON District- Vaishali
                 ======================================================
                 Rajdeo Ram Ramashray Ram Resident of Village - Agrail Khurd, P.S-
                 Baligaon,Dist- Vaishali
                                                                     ... ... Petitioner/s
                                            Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Poonam Kumari
                 For the Opposite Party/s :       Mr.Parmeshwar Mehta
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   22-01-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence under Sections 316(5), 318(4), 3(5) of

                   the Bhartiya Nyaya Sanhita and Section 7 of the E.C. Act.

                                3. As per F.I.R., petitioner is a P.D.S. Dealer and is

                   alleged to have embezzled Government subsidized food-grains

                   of Rs. 4,76,191/-.

                                4. Learned counsel for the petitioner submits that due

                   to irregularity in the e-POS machine, for which, petitioner had

                   already submitted a complaint to the Block Supply Officer,

                   Patepur, Vaishali (Annexure – P/2). F.I.R. has been lodged after

                   a delay of 3 months. The alleged physical verification of stock

                   was not in accordance with law and not supported by any

                   independent witness. Moreover, the PDS license of petitioner

                   has already been suspended by the S.D.O., Mahua (Vaishali),
           Patna High Court CR. MISC. No.82722 of 2025(3) dt.22-01-2026
                                                       2/2




                     vide Memo No 456 dated 21.06.2025 i.e. Annexure – S1 to the

                     supplementary affidavit. Petitioner claims clean antecedent.

                                  5. Learned A.P.P. for the State has opposed the bail

                     petition.

                                  6. Considering the aforesaid facts and circumstances,

                     let the above named petitioner, in the event of arrest/surrender

                     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 learned

                     J.M. 1st Class, Vaishali at Hajipur in connection with Baligaon

                     P.S. Case No. 87 of 2025, subject to condition as laid down

                     under Section 482 of the Bhartiya Nagrik Suraksha Sanhita,

                     2023.



                                                      (Prabhat Kumar Singh, J)
anay

U      T

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