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Patna High Court

Gautam Kumar RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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