Patna High Court
Garib PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
Anticipatory bail is granted to the petitioner subject to conditions.
Summary
Garib Paswan sought anticipatory bail after being implicated in a case (Singhaul P.S. Case No. 158 of 2025) for alleged discrepancies in his Fair Price Shop's stock, alleged violations of Section 316(5) of the Bihar Negotiable Securities Act and Section 7 of the Essential Commodities Act, and accusations of black marketing food grains. The petitioner claimed innocence, arguing that the allegations were vague, politically motivated, and that a technical glitch in uploading e‑POS data existed. The State opposed the bail application. The Court, noting the technical issue and the need to protect the petitioner’s liberty, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, cooperation with investigation, and verification of the petitioner’s criminal antecedents, invoking Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC and Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite allegations under Section 316(5) of the Bihar Negotiable Securities Act and Section 7 of the Essential Commodities Act.
- Whether the technical issue in uploading e‑POS machine status warrants relief in the form of anticipatory bail.
- Whether the alleged discrepancies and alleged black‑marketing constitute a ground to deny anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Negotiable Securities Act — s. 316(5)
- Code of Criminal Procedure — s. 438(2)
- Essential Commodities Act — s. 7
Subjects
- anticipatory bail
- black marketing
- essential commodities
- e‑POS technical issue
- fair price shop
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9615 of 2026
Arising Out of PS. Case No.-158 Year-2025 Thana- Singhaul District- Begusarai
======================================================
Garib Paswan S/o- Vindeshwari Paswan R/v- Kewat Tola Ullao Ps- Singhaul
Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kumar Gaurav
For the Opposite Party/s : Mr.Sanjay Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Singhaul P.S. Case No. 158 of 2025, registered for the
offences punishable under Section 316(5) of BNS & under
Section 7 of Essential Commodities Act.
3. As per allegation, the FPS of the petitioner revealed
major discrepancies between the physical stock and
departmental records, including substantial shortages of wheat
and rice. The explanations provided were unsatisfactory, and the
closure of the shop during re-inspection indicates the
petitioner’s involvement in the black marketing of food grains.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated due to
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dirty village politics. He is a person of clean antecedent. The
allegation is general and omnibus.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. Considering that there had been technical issue in
uploading the status of e-POS machine, I am inclined to grant
privilege of anticipatory bail to the petitioner.
7. Let the petitioner, as named above, in the event of
his arrest or surrender within four weeks from today, be
enlarged on bail on furnishing bail bond of Rs.10,000/-(Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned District & Addl. Sessions Judge-II,
Begusarai in connection with Singhaul P.S. Case No. 158 of
2025, subject to the conditions laid down under section 438(2)
of the Code of Criminal Procedure/Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023 and subject to further
condition that :-
(i) The petitioner shall co-operate in the investigation/
trial.
(ii) The learned Court below would, however, verify
the criminal antecedent of the petitioner and in case it is found
that the petitioner has concealed his criminal antecedent, the
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Court below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
kundan/-
U T
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