Patna High Court
Gautam Kumar RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted as the petitioner has a clean antecedent and the alleged discrepancy is attributable to a technical error.
Summary
Gautam Kumar Ram was arrested in connection with a case under Section 7 of the Essential Commodities Act, 1935 alleging black marketing of wheat and rice. The petitioner claimed he had a clean antecedent and that the alleged discrepancy in quantities displayed on an E‑POS machine was due to a technical error, not an offence. The prosecution opposed bail, arguing the seriousness of the alleged offence. The court examined the facts, noted the petitioner’s clean record and the possibility of a technical glitch, and ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The bail order also imposed conditions regarding cooperation, presence in court, and non‑tampering with evidence.
Issues considered
- Whether the petitioner is entitled to bail under Section 438 CrPC in a case under the Essential Commodities Act, 1935.
- Whether the alleged discrepancy in E‑POS machine figures constitutes a ground to deny bail.
- Whether the petitioner’s clean antecedent and alleged technical error justify granting bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- Essential Commodities Act
- black marketing
- E-POS machine
- technical error
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88866 of 2025
Arising Out of PS. Case No.-87 Year-2025 Thana- Amhara District- Lakhisarai
======================================================
Gautam Kumar Ram S/O Nikhedi Ram R/O Vill.- Bikkam, Kachhiana, P.S.-
Amhara, Dist.- Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Gaurav, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-01-2026 Heard Mr. Kumar Gaurav, learned counsel for the
petitioner and Mr. Bhanu Pratap Singh, learned Additional
Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Amhara P.S. Case No. 87 of 2025, F.I.R. dated
11.09.2025 for the offences punishable under Section 7 of the
Essential Commodites Act, 1935.
3. As per the First Information Report, it is alleged that
the petitioner has done black marketing or embezzlement of
wheat and rice.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. As per allegation in the FIR, on
direction of the superior authority, the concerned authority has
Patna High Court CR. MISC. No.88866 of 2025(2) dt.12-01-2026
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inspected the shop of the petitioner. It has been found that 26.97
qtl. of wheat and 91.37 qtl. of rice was displayed in the E-POS
Machine while 38.96 qtl. off wheat and 119.16 qtl. Of rice was
displayed in the E-POS Machine of the attached PDS shop. He
further submits that the allegation as alleged is false and
fabricated and the petitioner has not committed any offence as
alleged in the FIR and due to no up-to-date of the E-POS
Machine in question, the display has shown wrong figure in the
E-POS Machine.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
the petitioner has clean antecedent and due to some technical
reason, the E-POS Machine has displayed wrong figure, let the
petitioner, above named, in the event of arrest or surrender
before the court below within a period of thirty days from the
date of receipt of the order, be released 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 District
and Additional Session Judge-II, Lakhisarai in connection with
Amhara P.S. Case No. 87 of 2025, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Patna High Court CR. MISC. No.88866 of 2025(2) dt.12-01-2026
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Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita and with other following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bond in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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