IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16530 of 2025 Arising Out of PS. Case No.-456 Year-2024 Thana- MAHNAR District- Vaishali ====================================================== Kumar Bhanu Prakash @ Shri Kumar Bhanu Prakash S/o Shri Pradeep Kumar Chaudhary Resident of village- ward no 6, Ghat kinara, Bari Durga mandir road, P.S- Mahnar, District- vaishali ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate Ms. Diksha Kumari, Advocate Mr. Kumar Rajdeep, Advocate Mr. Arvind Kumar, Advocate For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 19-03-2025 Heard learned counsel for the petitioner and the State. 2. Petitioner apprehends arrest in a case registered for the offences punishable under Section 7 of the Essential Commodities Act & Sections 316 (5) and 3(5) of the Bharatiya Nyaya Sanhita. 3. As per the prosecution case, on 05.12.2024 at about 02:00 PM, an inspection of the PDS shop of co-accused Pradeep Kumar Chaudhary was made and it was found that 179 bags (89.50 quintals ) of rice are kept in the shop but in the E – Posh Machine there was display of only 1 kg rice and 4 kg wheat and in the E – Posh Machine of another PDS dealer Ram Das Shah tagged in the shop in question 2 kg rice and 5 kg wheat was Patna High Court CR. MISC. No.16530 of 2025(2) dt.19-03-2025 2/3 shown and it is alleged that the stock found in excess in the shop in question and it was suspected that it was kept for the purpose of black marketing. It is further alleged that this petitioner who is son of owner of the alleged PDS shop disclosed that the delivery of rice found in the shop was delivered by the BSFC on 04.12.2024 but the BSFC portal doesn’t mention the said delivery. It is further alleged that this petitioner, along with other co-accused persons, kept 179 bags of rice for the purpose of black marketing. 4. Learned counsel for the petitioner submits that petitioner is not a PDS dealer and he is son and nominee of co- accused Pradeep Kumar Chaudhary. He further submits that the PDS license of co-accused Pradeep Kumar Chaudhary has already been suspended by learned SDO, Mahnar vide order dated 04.12.2024. Petitioner claims clean antecedent. 5. Learned A.P.P. for the State vehemently opposed the bail application. 6. Considering the aforesaid facts and circumstances of the case and the fact that PDS license of co-accused Pradeep Kumar Chaudhary has already been suspended, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court Patna High Court CR. MISC. No.16530 of 2025(2) dt.19-03-2025 3/3 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 learned Chief Judicial Magistrate, Mahnar in connection with Mahnar P. S. Case No. 456 of 2024, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Navya/- (Prabhat Kumar Singh, J) U T