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Patna High Court

Pankaj Kumar Singh @ Pankaj KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied to the petitioners.

Summary

Petitioners Pradeep Kumar Choudhari and Pankaj Kumar Singh, former PDS dealers, sought anticipatory bail after an FIR alleged they withheld foodgrains from beneficiaries and engaged in black‑marketing of wheat and rice, violating sections of the Bharatiya Nyaya Sanhita and the Essential Commodities Act. The State opposed the bail, contending the allegations were serious and involved substantial quantities of wheat (45.51 quintals) and rice (182.03 quintals). The Court examined the nature of the offences under sections 318(4), 3(5) of the Bharatiya Nyaya Sanhita and section 7 of the Essential Commodities Act. Considering the gravity of the alleged black‑marketing and the potential impact on public distribution, the Court refused the prayer for anticipatory bail. Consequently, the petitions for anticipatory bail were dismissed.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under sections 318(4) and 3(5) of the Bharatiya Nyaya Sanhita and section 7 of the Essential Commodities Act
  • Whether the alleged black‑marketing of wheat and rice justifies denial of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • black marketing
  • essential commodities
  • foodgrains
  • FIR
  • PDS
  • criminal law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.82022 of 2025
                       Arising Out of PS. Case No.-5 Year-2025 Thana- DHORAIYA District- Banka
                 ======================================================
                 Pradeep Kumar Choudhari @ Pradeep Kumar Chaudhary Son of Late
                 Makeshwar Choudhary Resident of village- Jakha, Hirammi, Ps- Dhoraiya,
                 Dist- Banka

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

                                                        ... ... Opposite Party/s
                 ======================================================
                                                        with
                              CRIMINAL MISCELLANEOUS No. 905 of 2026
                       Arising Out of PS. Case No.-5 Year-2025 Thana- DHORAIYA District- Banka
                 ======================================================
                 Pankaj Kumar Singh @ Pankaj Kumar S/O Mihilal Singh Resident of Village-
                 Beli, Jakha, P.S.- Dhoraiya, Distt.- Banka.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 82022 of 2025)
                 For the Petitioner/s     : Mr. Dhananjay Kumar Pandey, Advocate
                 For the Opposite Party/s : Mr. Parmeshwar Mehta, A.P.P.
                 (In CRIMINAL MISCELLANEOUS No. 905 of 2026)
                 For the Petitioner/s     : Mr. Dhananjay Kumar Pandey, Advocate
                 For the Opposite Party/s : Mr. Parmeshwar Mehta, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   13-03-2026                 Both the aforementioned cases are being disposed of

                   by a common order.

                               2. Heard learned counsel for the petitioners and the

                   State.

                               3. Petitioners apprehend arrest in Dhoraiya P. S. Case

                   No. 5 of 2025 registered for the offences punishable under
              Patna High Court CR. MISC. No.82022 of 2025(5) dt.13-03-2026
                                                          2/2




                        Sections 318(4), 3(5) of the Bharatiya Nyaya Sanhita and

                        Section 7 of the Essential Commodities Act.

                                     4. As per F.I.R., these petitioners, who are ex-PDS

                        dealers, did not distribute the foodgrains to the beneficiaries for

                        several months despite taking their thumb impressions on e-POS

                        machines. It is alleged that these petitioners are involved in

                        black-marketing of 45.51 quintal wheat and 182.03 quintal rice.

                                     5. Considering the nature and seriousness of

                        allegation, prayer for anticipatory bail of the petitioners is

                        refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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