Pradeep Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41823 of 2026 Arising Out of PS. Case No.-130 Year-2026 Thana- RAJAON District- Banka ====================================================== Pradeep Das, S/o Shyam Lal Das, R/o Village - Khiddi, P.S. - Rajoun, District - Banka.

... ... Petitioner

Versus

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

For the Petitioner/s :

Md. Shahbaz Yusuf, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Rajoun P.S. Case No.130 of 2026 registered under Sections 318(4), 316(5) of the Bhartiya Nyaya Sanhita, 2023 (in short 'B.N.S.') and Section 7 of the Essential Commodities Act, 1955.

3. Allegation against petitioner is to indulge in black-marketing of rice and wheat, whereafter his shop was attached with another P.D.S vendor with direction to hand over e-POS machine and remaining stock of 224.81 quintals of rice and 42.76 quintals of wheat, after raid.

4. It is submitted by learned counsel appearing for

Patna High Court CR. MISC. No.41823 of 2026(2) dt.01-07-2026 2/3 petitioner that in the month of January, an inspection was made by authority concerned, where everything was correct and no undistributed wheat and rice were found in stock. On second inspection, the shop was closed, whereas on third and present inspection, it was alleged that 225.73 quintals of rice and 42.99 quintals of wheat were not distributed amongst the card holder. It is submitted that the allegation is completely baseless in view of Annexure-P/3 of the present petition, as petitioner at no point of time received the aforesaid quantity of rice and wheat. In support of his submission, it is pointed out that including Central Government allotment, petitioner received total of 49 quintals of rice and 16 qunitals of wheat and, therefore, there is no question to have 225.

73 quintals of rice and 42.99 quintals of wheat in stock. Arguing further, it is submitted that as this petitioner has lodged a complaint against middleman of former Block Supply Officer, the present false implication was raised. The petitioner claimed clean antecedent.

5. Learned APP opposed the prayer of bail.

Patna High Court CR. MISC. No.41823 of 2026(2) dt.01-07-2026 3/3

6. In view of aforesaid factual submissions and by taking note of Annexure-P/3 of the present petition, which prima facie creates a doubt qua stock as alleged to be found by informant in PDS shop of the petitioner, accordingly, the petitioner, above-named, who is a man of clean antecedent, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released 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 the learned S.D.J.M., Banka in connection with Rajoun P.S. Case No.130 of 2026, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure (in short 'CrPC')/under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short 'BNSS').

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