Jay Kumar Yadav v. The State Of Bihar
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 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 2/3 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 3/3 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