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2025 DAILYLAW 1651 (PAT)

Nikhat Praveen v. The State of Bihar

CR. MISC./80332/2025 · 2026-03-31

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.80332 of 2025 Arising Out of PS. Case No.-279 Year-2025 Thana- NAVINAGAR District- Aurangabad ====================================================== Nikhat Praveen W/o- Mahbub Alam Village- Parasia, W.No-2, Ps- Nabinagar Dist- Aurangabad ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Mukul Kumari, Advocate For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 5 31-03-2026 Heard learned counsel for the petitioner and the State. 2. Petitioner apprehends arrest in a case registered for the offences punishable under Section 316(2) of the Bharatiya Nyaya Sanhita and Section 7 of the Essential Commodities Act. 3. As per prosecution case, during inspection, discrepancy of 312.42 quintals of rice and 18.42 quintals of wheat was found from PDS shop of this petitioner. Petitioner is alleged to have been involved in black-marketing of the subsidized foodgrains. 4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. As a matter of fact, due to defective e-POS machine, the alleged shortage of food grains was found. There is no complaint by any of the customers that this petitioner is involved in black-marketing of Patna High Court CR. MISC. No.80332 of 2025(5) dt.31-03-2026 2/2 foodgrains. It is lastly submitted that PDS license of petitioner has already been cancelled by Sub-Divisional Officer, Nabinagar, Aurangabad vide Letter No. 519 dated 10.09.2025. Petitioner claims clean antecedents. 5. Learned A.P.P. for the State vehemently opposed the bail application. 6. Considering the fact that PDS license of petitioner has already been cancelled, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of her arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail- bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate I, Aurangabad in connection with Nabinagar P. S. Case No. 279 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. Navya/- (Prabhat Kumar Singh, J) U T