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Patna High Court

Harihar PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

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

Summary

Harihar Prasad, a PDS shop owner, faced an FIR under Section 7 of the Essential Commodities Act alleging a shortage of 433.84 quintals of foodgrains discovered during an inspection. The FIR was lodged four years after the inspection, which occurred during the COVID-19 period, and the petitioner claimed the shortage was not verified and that his PDS license had already been cancelled. He applied for anticipatory bail, asserting his innocence and a clean antecedent. The State opposed the bail application. The Court, noting the cancellation of the licence and the delay in filing the FIR, 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 under Section 7 of the Essential Commodities Act.
  • Whether the delay of four years in lodging the FIR and the cancellation of the PDS licence affect the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Essential Commodities Act
  • foodgrain shortage
  • PDS licence cancellation
  • delay in FIR
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83574 of 2025
                 Arising Out of PS. Case No.-467 Year-2025 Thana- RAMNAGAR District- West Champaran
                 ======================================================
                 Harihar Prasad S/o Ram Barai Prasad R/o Village- Bela Gola, Ward No.20,
                 Hari Nagar, Dist- West Champaran

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Prerna Anand, Mr. Rahul Anand, Advocates
                 For the Opposite Party/s :      Mr. Umeshanand Pandit, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   06-01-2026                   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 the PDS shop of the petitioner, 433.84 quintals of foodgrains

                   were found short from the godown.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. Present

                   F.I.R. has been lodged after about four years of the alleged

                   inspection which was done during the Corona period and

                   without proper verification, shortage of foodgrains were noted.

                   Moreover PDS license of the petitioner has already been

                   cancelled by the authorities concerned. Petitioner claims clean
              Patna High Court CR. MISC. No.83574 of 2025(2) dt.06-01-2026
                                                          2/2




                        antecedent.

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

                        the bail application.

                                     6. Considering the fact that PDS license of the

                        petitioner has already been cancelled and he claims 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 learned Sub-Divisional

                        Judicial Magistrate, Bagaha, West Champaran in connection

                        with Ramnagar P. S. Case No. 467 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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