Patna High Court
Jay Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
The petitioner, Jay Kumar Yadav, sought anticipatory bail after an FIR was lodged under Section 7 of the Essential Commodities Act for alleged mismatches between his shop’s stock and the EPOS machine readings during a supply inspection. He contended that the EPOS machine was faulty and that he had been a dealer for ten years without prior allegations, offering to appear before the District Supply Officer with supporting documents. The State opposed bail, maintaining that the physical verification did not match the EPOS data. The Court, noting the petitioner’s clean criminal record and willingness to cooperate, granted anticipatory bail subject to stringent conditions including a bond, sureties, regular appearances, and non‑interference with witnesses. The order directs that the bail be effective upon arrest or surrender within four weeks, with compliance monitored by the Sub‑Divisional Judicial Magistrate.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case under Section 7 of the Essential Commodities Act.
- Whether the alleged discrepancies in the EPOS machine constitute sufficient ground for arrest.
- Whether the petitioner’s clean record and readiness to cooperate justify the grant of bail.
Legislation cited
Subjects
- anticipatory bail
- Essential Commodities Act
- Section 7
- EPOS machine
- supply inspection
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9834 of 2026
Arising Out of PS. Case No.-317 Year-2025 Thana- SAUR BAZAR District- Saharsa
======================================================
Jay Kumar Yadav S/O Late Jagdish Yadav @ Jagdish Prasad Yadav R/O
Village- Khaira, Ward No. 10, P.O.- Garhia Vijaypur, P.S- Sour Bazar, Distt.-
Saharsa.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
: Mr. Dhananjaya Nath Tiwari, Advocate
For the State : Mr. Parmeshwar Mehta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 24-02-2026 Heard Mr. N.K. Agrawal, learned counsel for the
petitioner and learned APP representing the State.
2. The petitioner is apprehending his arrest in
connection with Saur Bazar P.S. Case No. 317 of 2025
registered for the offence under Sections 7 of the E.C. Act,
lodged on 11.09.2025 by the informant, Md. Danish Raza.
3. As per the prosecution story, the informant alleged
that the P.D.S. Shop of the petitioner was inspected by the
supply inspector on 29.08.2025 and on physical verification as
per the EPOS Machine, the stock did not match with the
machine. Accordingly, the F.I.R..
4. Learned Senior Counsel for the petitioner submits
that due to the anomalies in the EPOS Machine inasmuch as
Patna High Court CR. MISC. No.9834 of 2026(2) dt.24-02-2026
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sometimes it works, sometimes doesn’t, a false narrative has
been made out in the F.I.R., he was serving as a P.D.S. dealer for
a decade without any allegation and further he is ready to appear
before the District Supply Officer, Saharsa to clarify the issue.
5. Learned APP opposes the prayer submitting that
the EPOS Machine did not match with the physical verification.
6. Considering the submissions of the parties as also
the fact that the petitioner do not have criminal antecedent and
is ready to appear before the District Supply Officer, Saharsa
alongwith all the documents to support his case, in that
background, this Court is inclined to extend him the privilege of
anticipatory bail.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Sub-Divisional Judicial Magistrate,
Saharsa, in connection with Saur Bazar P.S. Case No. 317 of
2025 subject to the following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
Patna High Court CR. MISC. No.9834 of 2026(2) dt.24-02-2026
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show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his/her
bail bond by the Trial Court itself;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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