Patna High Court

Ram Dulari DeviversusThe State of Bihar

Decided: 6 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The court held that, given the petitioners' clean antecedent and lack of direct involvement, bail may be granted under Section 482(2) of the BNSS.

Summary

Ram Dulari Devi and her son Arun Kumar Singh, wife and son of alleged PDS dealer Ram Ekbal Singh, were implicated in a case of alleged misappropriation of wheat and rice causing a loss of Rs.37,65,911.88 to the government. The prosecution alleged that the fair price shop was closed and only a sack of grain was found despite large quantities shown on the portal. The petitioners contended that they had no involvement in the alleged back‑marketing and were accused merely due to their relationship with the co‑accused, asserting a clean antecedent. They filed a bail petition, to which the State opposed. The court, considering the nature of the alleged injury, the petitioners' clean record and lack of direct participation, applied Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita and ordered bail on a bond of Rs.10,000 with two sureties, provided they surrender within eight weeks. The bail was granted subject to the stipulated conditions.

Issues considered

Whether the petitioners are entitled to bail under Section 482(2) of the BNSS despite the serious nature of the alleged offence.
Whether mere familial relationship to a co‑accused suffices to sustain the accusation against the petitioners.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 316(5), 318(4), 3(5), 482(2)

Subjects

bail
misappropriation
public distribution system
BNSS
criminal procedure
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84986 of 2025
                      Arising Out of PS. Case No.-15 Year-2025 Thana- BALIGAON District- Vaishali
               ======================================================
           1 . Ram Dulari Devi W/o Ram Akwal Singh @ Ram Ekbal Singh R/o Village -
                Ladaho, P.S - Baligaon, District - Vaishali.
           2.    Arun Kumar Singh S/o Ram Akwal Singh @ Ram Ekbal Singh R/o Village -
                 Ladaho, P.S - Baligaon, District - Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Satya Prakash Sinha, Advocate
                 For the Opposite Party/s :       Mr. Madhura Nand Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   06-01-2026                      Heard learned counsel for the petitioners and the

                   State .

                                2. Petitioners apprehend their arrest in a case

                   registered for the offence punishable under sections 316 (5) ,

                   318 ( 4 ) and 3 (5) of BNS.

                                3 . As per the prosecution case , informant namely

                   Rajiv Kumar alleged that on 18.01.2025 , during inspection ,

                   fair price shop of co-accused was found closed and upon search

                   only one sack of foodgrain was found despite the fact that on

                   portal 303.87 quintals of wheat and 735.34 quintals of rice were

                   shown available and in surplus to be meant for public

                   distribution indicating involvement of these petitioners and
Patna High Court CR. MISC. No.84986 of 2025(2) dt.06-01-2026
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          other co-accused persons in misappropriation and back-

          marketing and as such, causing loss of Rs.37,65,911.88/- to the

          government.

                       4. It is submitted on behalf of the petitioners that

          entire accusation is against co-accused Ram Eqbal Singh who is

          PDS dealer. So far as, petitioner No. 1 and petitioner No. 2 is

          concerned, they have been made accused in this case only

          because they happen to be wife and son of co-accused Ram

          Eqbal Singh . Petitioners have no involvement in the aforesaid

          occurrence and have got no concern with the alleged

          transactions. Petitioners claim clean antecedent.

                       5. Learned counsel for the State oppose the bail

          petition .

                       6 Considering the nature of injury , clean antecedent

          of these petitioners and other circumstances of the case , in the

          event of arrest or surrender within eight weeks from today, let

          the petitioners, as named above, be enlarged on bail on

          furnishing bail bond of Rs.10,000/-(ten thousand) each with two

          sureties of the like amount each to the satisfaction of the learned

          Cjm Vaishali at Hajipur in connection with Baligaon P.S. Case

          No. 15 of 2025 , subject to the conditions laid down under

          section 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita
            Patna High Court CR. MISC. No.84986 of 2025(2) dt.06-01-2026
                                                        3/3




                      ( BNSS) , 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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