Subhash Raw v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10818 of 2026 Arising Out of PS. Case No.-417 Year-2025 Thana- LAURIA District- West Champaran ====================================================== Subhash Raw S/o Late Mahadev Raw R/o Village- Barwa Kala, Ward No.3, P.S- Lauriya, Dist- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar For the Opposite Party/s :

Mr.Navin Kr. Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-02-2026 Heard the parties.

2. The petitioner is named in the F.I.R. and apprehending his arrest in connection with Lauriya P.S. Case No. 417 of 2025 registered for the offences punishable under Sections 318(4) of the BNS and Section 7 of the EC Act.

3. As per FIR, petitioner alleged as not to follow the rule under Essential Commodities Act and also as per e-POS machine shortage 73.11 quintals of rice and shortage of 49.79 quintals of wheat were found in the shop of petitioner, who is a PDS dealer.

4. It is submitted by learned counsel appearing on behalf of the petitioner that upon inspection petitioner alleged as not to follow the rule under EC Act. It is submitted that upon verification of godown shortage of rice and wheat which alleged to be pointed out at serial no. 5 of the written information given to police found false. It is submitted that wheat and rice, now are no more in the list of Essential Commodities Act and moreover in

Patna High Court CR. MISC. No.10818 of 2026(2) dt.24-02-2026 2/2 want of disclosing that what ought to be the total stored quantity of wheat and rice merely on the basis of shortage of the foodgrains the allegation as raised not appears convincing. While concluding argument, it is submitted that petitioner is a man of clean antecedent.

5. Learned APP opposes the prayer of bail.

6. In view of aforesaid factual submission and by taking note of fact as prima-facie allegation appears on the basis of irregularities as not to comply rule under EC Act, accordingly petitioner above-named, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-1st, Bettiah, West Champaran/concerned Court, where the case is pending in connection with Lauriya P.S. Case No. 417 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/ Section 482(2) of BNSS.

(Chandra Shekhar Jha, J) S.Tripathi/- U T