Rajesh Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89830 of 2025 Arising Out of PS. Case No.-241 Year-2025 Thana- GOGRI District- Khagaria ====================================================== Rajesh Kumar Das S/O Late Naresh Das Resident of Village- Fatehpur Ward No. 12, P.S.- Gogri, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amar Kumar Singh, Advocate For the Opposite Party/s :

Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 15-01-2026 Heard Mr. Amar Kumar Singh, learned counsel for the petitioner and Mr. Parmeshwar Mehta, learned APP for the State.

2. The petitioner has prayed for bail in connection with Gogari P.S. Case No. 241 of 2025 and registered for the offence punishable under Section 7 of the E.C. Act.

3. The case of the prosecution in short is that the petitioner is a P.D.S. dealer. His shop was inspected, and at the time of inspection, the shop was closed. The wife of the petitioner disclosed that for the last two years they have not received any food grains. She also told the informant to take away the e-POS machine. As per the informant, there should be 115.68 quintals of rice and 76.75 quintals of wheat in the shop of the petitioner.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Learned

Patna High Court CR. MISC. No.89830 of 2025(2) dt.15-01-2026 2/2 counsel for the petitioner submits that from the perusal of the FIR, it is clear that at the time of inspection, the shop was closed. He further submits that since 2019, they have not been receiving a supply of the food grains and that they have written various letters, which are annexed. He also submits that as they have not received the supply of food grains, there is no question of any food grain at their establishment. Moreover, the petitioner is languishing in judicial custody since 16.10.2025.

5. The application for bail is opposed by learned APP for the State and submits that the petitioner is having criminal antecedent of one case.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Khagaria in connection with Gogari P.S. Case No. 241 of 2025.

(Ashok Kumar Pandey, J) Sudhanshu/- U T