Rambriksh Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.475 of 2026 Arising Out of PS. Case No.-48 Year-2024 Thana- KOTHI District- Gaya ====================================================== Rambriksh Paswan Son of Pairu Paswan R/o Village - Kothi, P.S. - Kothi, Dist. - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-02-2026 Heard Mr. Binay Kumar, learned counsel for the petitioner and Mr. Bhanu Pratap Singh, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Kothi P.S. Case No. 48 of 2024, F.I.R. dated 18.06.2024 for the offences punishable under Section 7 of the Essential Commodities Act, 1955.

3. Allegation against the petitioner is that he black marketed 7.02 quintals of wheat and 21.40 quintals of rice from P.D.S shop.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. The petitioner is P.D.S shop dealer with valid license no.65 of 2016 and without any physical

Patna High Court CR. MISC. No.475 of 2026(2) dt.17-02-2026 2/3 and manual verification through the stock and sale of the P.D.S shop, the present FIR has been lodged against the petitioner and due to the present FIR, the license of the petitioner was suspended by the authority.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances and the fact that the petitioner has clean antecedent and without any physical and manual verification through stock and sale of the P.D.S shop, the present FIR has been instituted against the petitioner, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Sherghati, Gaya in connection with Kothi P.S. Case No. 48 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court

Patna High Court CR. MISC. No.475 of 2026(2) dt.17-02-2026 3/3 and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Suruchi/- U T