Indradev Kumar Samdarshi @ Indradev Samdarshi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51026 of 2025 Arising Out of PS. Case No.-150 Year-2025 Thana- SHERGHATI District- Gaya ====================================================== Indradev Kumar Samdarshi @ Indradev Samdarshi Son of Mungeshar Mandal village- and post- Kachaudi, Ps- Sherghati, Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binay Kumar, Adv.
For the Opposite Party/s :
Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-08-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.
2. The present Criminal Miscellaneous Application has been filed under Section 482 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "BNSS, 2023") for grant of anticipatory bail to the petitioner who apprehends his arrest in connection with Sherghati P.S. Case No.150 of 2025, for the offences punishable under Sections 316(5) and 318(4) of the BNS, 2023 read with section 7 of the Essential Commodities Act, 1955.
3. As per the prosecution, FIR has been lodged against the present petitioner against whom allegation of discrepancy made in the Public Distribution System shop. The allegation is that the Block Supply Officer had visited the shop of the
Patna High Court CR. MISC. No.51026 of 2025(2) dt.11-08-2025 2/3 petitioner prior to said allegation and query has been made from the customers which is part of FIR. (annexure-2), but the customers were fully satisfied and found no discrepancies.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that intentionally with a view to disturb the petitioner and suspend his license, this action has been taken by the SDO. He further submits neither breach of trust nor fraud has been committed. He further submits his explanation has also not been accepted.
5. Counsel submits that the criminal antecedent of the petitioner is clean.
6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that after the query from the customers, they have not found any complaint from their side.
7. 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 satisfaction of Addl. Chief Judicial Magistrate-1st, Sherghati,
Patna High Court CR. MISC. No.51026 of 2025(2) dt.11-08-2025 3/3 Gaya, in connection with Sherghati P.S. Case No.150 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J.) Prakashmani/- U T