Raja Ram Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54420 of 2025 Arising Out of PS. Case No.-572 Year-2024 Thana- SHERGHATI District- Gaya ====================================================== Raja Ram Bhuiyan S/o- Kesar Bhuiyan @ Kesar Manjhi Village- Lachhnaiti, Ps-Sherghati, Dist- Gaya ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Arvind Kumar Singh, Advocate For the State :

Mr. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 12-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sherghati P.S. Case No-572 of 2024, dated-20.11.2024, registered for the offences punishable under Sections 316(5) and 318(4) of the B.N.S., and Section 7 of the Essential Commodities Act.

3. The petitioner is a licensee of public distribution shop and as per allegation, it was found by the officials after raid that 144.55 quintal of wheat and 331.75 quintal of rice was sold by the Petitioner in black market, and hence, no gain was found in the shop at the time of the raid/inspection.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that his license has already been canceled and the FIR has been lodged after one month of the

Patna High Court CR. MISC. No.54420 of 2025(2) dt.12-08-2025 2/2 inspection/raid.

5. He further submits that the petitioner has been languishing in jail since 11.12.2024 i.e for about eight months.

6. It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedent.

7. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.

8. However, learned APP for the State vehemently opposes the prayer of the petitioner for bail submitting that the alleged offence is very serious in nature because through Public Distribution Shop, government provides grain to the poorest of the poor section of the society. By committing the alleged offence, the Petitioner made such poor people starve to death. Hence, he does not deserve bail.

9. In view of the serious consequences of the alleged offence, I am not persuaded to enlarge the Petitioner on bail at this stage.

10. The present petition is rejected, accordingly. (Jitendra Kumar, J.) Chandan/- U T