Patna High CourtCR. MISC./20684/2026bail granted

Kamlesh Singh v. The State Of Bihar

2026-05-13Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20684 of 2026 Arising Out of PS. Case No.-60 Year-2025 Thana- Badem P.S. District- Aurangabad ====================================================== Kamlesh Singh S/O Late Rajkeshwar Singh R/O Vill.- Bara Tetatria, P.S.- Badem, Dist.- Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sudhir Kumar Sinha, Adv.

For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-05-2026 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner is apprehending arrest in connection with Badem P.S. Case No.60 of 2025 lodged on 19.09.2025, for the offences punishable under Sections 316(2) and 318(4) of the B.N.S., 2023 read with Section 7 of the Essential Commodities Act.

3. As per the prosecution, FIR has been lodged against the present petitioner with allegation that the Officials had found black marketing in the PDS shop, which has been done by the petitioner

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the petitioner is a PDS dealer and inspection

Patna High Court CR. MISC. No.20684 of 2026(3) dt.13-05-2026 2/3 made at his shop on the basis of which, show-cause has been demanded and he has replied the same, but till date, no decision has been taken on the same. He further submits that when the officials reached at his shop, then his shop was close, which has already mentioned in the FIR. He further submits that petitioner's license of the PDS shop has been cancelled.

5. Counsel submits that the criminal antecedent of the petitioner is clean and on the basis of anticipation, FIR has been lodged against him.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that there is specific allegation against the petitioner.

7. It transpires to this Court that the license of the petitioner under Bihar Trade Articles (License Unification) has already been cancelled and as per the allegation, the day on which raid was executed, his shop was closed.

8. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the

Patna High Court CR. MISC. No.20684 of 2026(3) dt.13-05-2026 3/3 satisfaction of ACJM-I, Aurangabad in connection with Badem P.S. Case No.60 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023 with further condition that after the inspection report, if it has been found that the petitioner has caused loss to the Government, then the Officials shall take recourse for the recovery of the said amount.

(Dr. Anshuman, J) Prakashmani/- U T