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