Patna High Court

Anil KumarversusThe State of Bihar

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

Holding

The court granted bail to the petitioner, subject to a bond and sureties, under Section 482(2) of the BNSS 2023.

Summary

Anil Kumar, a licensed PDS dealer, was accused of black‑marketing rice after an inspection by the Block Supply Officer found a shortfall of 26.19 quintals, leading to a case under Section 7 of the Essential Commodities Act. The petitioner contended that the allegations were fabricated, noting that his PDS licence (No. 30 of 2016) had been cancelled on 12‑09‑2025 and that he had no prior complaints. He filed a bail petition fearing arrest. The State opposed bail. The High Court, noting the licence cancellation and the circumstances, ordered that the petitioner be released on bail upon furnishing a Rs 10,000 bond with two sureties of the same amount, subject to conditions under Section 482(2) of the BNSS 2023.

Issues considered

Whether bail should be granted to the petitioner in a case under Section 7 of the Essential Commodities Act.
Effect of the cancellation of the petitioner’s PDS licence on the bail application.
Whether the court can enlarge bail under Section 482(2) of the BNSS 2023.

Legislation cited

BNSS, 2023 — s. 482(2)
Essential Commodities Act — s. 7

Subjects

Essential Commodities Act
Section 7
black marketing
PDS licence
bail
Section 482(2)
BNSS 2023
West Champaran

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85024 of 2025
                  Arising Out of PS. Case No.-936 Year-2025 Thana- SIKARPUR District- West Champaran
                 ======================================================
                 Anil Kumar S/O Late Munnilal Prasad R/O Vill- Purani Bazar, Ward no- 9,

                 Narkatiaganj, P.S- Shikarpur, Dist- West Champaran.



                                                                                  ... ... Petitioner/s

                                                       Versus

                 The State of Bihar



                                                                            ... ... Opposite Party/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manaur Alam , Advocate
                 For the Opposite Party/s :       Mr. Parmeshwar Mehta, APP
                 ======================================================
                 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 . As per the prosecution case , informant namely ,

                   Deepak who is Block Supply Officer Narkatiaganj Block

                   Shikarpur alleged that on inspection of go-down of PDS shop

                   of this petitioner , 26.19. quintal rice was found less which was

                   sold in black marketing.
Patna High Court CR. MISC. No.85024 of 2025(2) dt.06-01-2026
                                            2/3




                       4. Learned counsel for the petitioner submits that

          petitioner was PDS dealer and allegation of black marketing of

          food grains is completely false and fabricated. The petitioner

          has been granted PDS licence No. 30 of 2016 in the year 2016,

          since then he had been running PDS shop without any complain

          from any beneficiary . The inspection of Pds shop of this

          petitioner      vide     FPS-      120300300535,     Nagar   Parishad

          Narkatiaganj through “Parakh APP and it has been alleged that

          stock register ( Bhandar Panji ) and distribution register (Vitran

          Panji ) has not been provided by the petitioner and on the that

          basis alone it has been alleged that rice was sold in black

          marketing. It is further submitted that license of the PDS shop of

          the petitioner has already been cancelled vide order bearing

          memo No- 704/Aa dated 12.09.2025 .

                       5 . Learned counsel for the State opposes the bail

          petition of the petitioner.

                       6. Considering the fact that license of the petitioner

          has already been cancelled and other circumstances of the case ,

          in the event of arrest or surrender within eight weeks from

          today, let the petitioner, as named above, 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 the learned
            Patna High Court CR. MISC. No.85024 of 2025(2) dt.06-01-2026
                                                        3/3




                      Court of the SDJM Bettiah West Champaran in connection with

                      Shikarpur P.S. case No. 936 of 2025 , subject to the conditions

                      laid down under section 482 ( 2 ) of BNSS 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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