Nawal Kishor Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42920 of 2026 Arising Out of PS. Case No.-172 Year-2026 Thana- DIGHWARA District- Saran ====================================================== Nawal Kishor Singh, S/o Yogendra Singh, Residnet of Village-Raipatti, Ward No. 9, Dighwara, P.O. + P.S.- Dighwara, District- Saran. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Anand Kumar Ojha, Advocate Mr. Ramkishor Singh, Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 08-07-2026 Heard learned senior 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 Dighwara P.S. Case No.172 of 2026 registered under Sections 316(3), 318(4) of the Bhartiya Nyaya Sanhita, 2023 (in short 'B.N.S.') and Section 7 of the Essential Commodities Act.
3. As per FIR, the petitioner alleged to involve in black-marketing of wheat and rice being a PDS dealer.
4. It is submitted by Mr. Anand Kumar Ojha, learned senior counsel appearing for petitioner that the petitioner was in custody since 22.09.2022 to 10.02.2025, whereafter he released from jail on acquittal in a POCSO
Patna High Court CR. MISC. No.42920 of 2026(2) dt.08-07-2026 2/3 case. It is submitted that at that point of time, all records of his shop, customer details, e-POS machine were tagged with another dealer, Sri Bihari Rai. It is submitted that the petitioner resumed his activities only after his acquittal in month of March, 2025. It is submitted that as this shop was tagged about two and half years with one Bihari Rai, he manipulated several things in stock registers and also the physical stock of the shop and due to said reason, on the date of raid, wheat and rice were found short. It is also submitted that the wheat and rice is not in the list of essential commodities as per Notification dated 10.11.1986 through GSR No.57, Government of Bihar. Petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by taking note of fact, as the shop of this petitioner was tagged with another PDS dealer, as discussed aforesaid, with all his physical stock, registers and with e-POS machine before raid, accordingly, the petitioner, above-named, in the event of his arrest or surrender in the court below within a period
Patna High Court CR. MISC. No.42920 of 2026(2) dt.08-07-2026 3/3 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., Saran, at Chapra in connection with Dighwara P.S. Case No.172 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