IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.337 of 2025 Arising Out of PS. Case No.-373 Year-2022 Thana- MAHUA District- Vaishali ====================================================== 1. Pawan Kumar Sah @ Pavan Kumar Sah Son of Vijay Sah Resident of Village- Fatehpur Mubarak ward No 3 PS- Mahua, Dist- Vaishali 2. Raj Kumar Sah @ Raj Kumar son of Vijay Sah Resident of Village- Fatehpur Mubarak ward No 3 PS- Mahua, Dist- Vaishali 3. Vijay Kumar @ Vijay Sah son of Fakira Sah Resident of Village- Fatehpur Mubarak ward No 3 PS- Mahua, Dist- Vaishali ... ... Petitioner/s Versus 1. The State of Bihar Through the Principal Secretary, Food And Civil Supplies Bihar, Patna Bihar 2. The District Magistrate, Vaishali at Hajipur bihar 3. The Sub-Divisional Officer, Mahua, Dist- Vaishali bihar 4. The Block Supply Officer, Mahua, Dist- Vaishali at Hajipur bihar 5. The Station House Officer, Mahua PS bihar ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Prakash Chandra, Advocate For the Respondent/s : Mr. Manoj Kumar, AC to G.P.4 ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 4 19-03-2026 Heard both sides. 2. The present criminal writ petition has been filed praying for quashing the First Information Report (FIR) bearing Mahua P.S. Case No. 373 of 2022, lodged under Section 420, 353/34 of the IPC and 7 of Essential Commodities Act instituted on the basis of the written complaint filed by the informant/respondent no. 4 before the SHO concerned. 3. From perusal of the F.I.R. it is evident that on Patna High Court CR. WJC No.337 of 2025(4) dt.19-03-2026 2/8 raid being conducted, a huge quantity of PDS subsidized rice was found stored at Vijay Sah's doorstep, and a significant amount of rice was also found stored in his house. The quantity of food grains (rice) available after verification is as follows:- 01. 190 bags of Arwa rice, including 181 bags of plastic and 9 bags of jute, totaling 85.90 quintals. 02. 51 bags of parboiled rice, out of which 47 bags are plastic and 04 bags are jute, totaling 23.55 quintals. Total 241 (two hundred forty one) sacks weighing- 109.45 quintals. 4. Nearby villagers identified Vijay Sah's sons, Rajkumar Sah and Pawan Kumar, as the owners of the stored rice, which was also confirmed by Rajkumar Sah and Pawan Kumar. Rajkumar Sah and Pawan Kumar were questioned and asked to provide evidence regarding ownership of the stored rice. Instead of providing evidence regarding the stored rice, they attempted to influence the investigation by exhorting the surrounding villagers through family members, creating a tense and violent atmosphere. 5. Learned counsel for the petitioners submits that petitioner No. 3 is the father of petitioner Nos.1 and 2. Petitioner no. 1 is a trader and engaged in the business of sale and Patna High Court CR. WJC No.337 of 2025(4) dt.19-03-2026 3/8 purchase of food grains and carrying its business with the name and style of M/S. R.P. Enterprises vide Registration No. 10HNSPK2659P1Z8 and the petitioner no. 1 purchased the food grains/rice from the farmers. Petitioner Nos. 2 and 3 have no concern with the alleged offence, despite which they have been made accused illegally and arbitrarily and the entire prosecution has been maliciously instituted. Learned counsel for the petitioners has submitted through para-5 of the writ petition that petitioner no. 1 has purchased the boiled and Arwa rice from the farmers, namely, Ashok Kumar Sah, Shiv Chandra Sah, Abhay Sah, Ranjeet Singh, Rajendra Singh, Arvind Sah, Ram Ekwal Singh and other farmers. Learned counsel for the petitioners has enclosed the photostat copies of receipts in proof of said purchase, running from page no. 16 to 60 (Annexure-P/1). He further submits that as rice is a free sale commodity, anyone can purchase, store and sell rice and no offence is made out under Section-7 of the Essential Commodities Act. 6. Learned counsel for the State has submitted that in para-5 of the writ petition it has been pleaded that petitioner no. 1, being the proprietor of M/S. R.P. Enterprises, is engaged in the business of sale and purchase of food grains from the farmers. Petitioner no. 1 has purchased rice from the farmers, Patna High Court CR. WJC No.337 of 2025(4) dt.19-03-2026 4/8 namely, Ashok Kumar Sah, Shiv Chandra Sah, Abhay Sah, Ranjeet Singh, Rajendra Singh, Arvind Sah, Ram Ekwal Singh and other farmers and he has enclosed the receipt in proof of said purchase, running from page no. 16 to 60 (Annexure-P/1). Learned counsel for the State has emphatically submitted that the names of farmers indicated in para-5 from whom food grains are purchased do not tally with the names mentioned in the receipts enclosed. Learned counsel for the State has highlighted that the assertion in para-5 of the writ petition has not been supported by Annexure-P/1, meaning thereby, the facts which were asserted by the petitioners has not been supported by any material and the plea as taken by the petitioners is without having any basis and there is recovery of huge quantity of rice at a particular place of the house of petitioner No. 3 and such storage of huge quantity of rice reflects that the very purpose of keeping such a huge amount of rice was for black marketing purpose and when query was made to produce the material for keeping such a huge quantity of rice, instead of providing justification for keeping such a huge quantity, they resorted to take the help of nearby people and tried to confine the persons who were in lawful discharge of duties and it is asserted by the informant that with the help of additional force provided at Patna High Court CR. WJC No.337 of 2025(4) dt.19-03-2026 5/8 Thana level, anyhow informant and her team went outside the P.O. 7. On 17.03.2026 a detailed order has been passed which reads as under:- Learned counsel for the petitioners has challenged the F.I.R. bearing Mahua P.S. Case No. 373 of 2022 lodged under Sections 420, 353 and 34 I.P.C. and Section 7 of the Essential Commodities Act instituted on the basis of written complaint filed by the informant before the S.H.O. concerned. 2. Learned counsel for the State has filed a counter affidavit. He has submitted that the things which were recovered from the shop of the petitioner no.1 and petitioner nos. 2 and 3 are sons of the petitioner no.1 and they had also participated in confiscation proceeding as it has been submitted through para 7 of the counter affidavit that on the basis of recommendation made by the Sub-Divisional Officer, Mahua, a confiscation case has been initiated against the petitioners to confiscate the seized food grains vide Confiscation Case No. 04/2022-23 and pursuant to the order passed in confiscation case, the seized food grains were auctioned in the open market. Learned counsel for the State has cited the case of State of Haryana vs. Chajan Lal and Ors. wherein Hon’ble Supreme Patna High Court CR. WJC No.337 of 2025(4) dt.19-03-2026 6/8 Court has laid down the parameters for quashing of F.I.R. under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure. The guidelines have been elaborated in para 22 of the counter affidavit for quashing the F.I.R. In para 24, it has been specifically mentioned that there is a specific allegation against the petitioners in the F.I.R. and a prima facie case is made out against them. As such, the petitioners are not entitled for the relief sought for by them in the present writ application. Further, in para-25, it has been submitted that F.I.R. has not been lodged only under Section 7 of the Essential Commodities Act rather the offence committed by the petitioners also attracts the relevant provisions of the I.P.C. which has not been dealt with by the petitioners in the present writ application. In light of the aforesaid facts and circumstances of the case, present writ application is liable to be dismissed and the present F.I.R. reflects the offence as alleged against the petitioners. 3. Learned counsel on behalf of the petitioners has submitted that on account of non-availability of arguing counsel, he is unable to argue the case, so he seeks a short adjournment. 4. List this case on 18.03.2026” Patna High Court CR. WJC No.337 of 2025(4) dt.19-03-2026 7/8 8. From perusal of the order dated 17.03.2026, it appears that an inadvertent typographical error has crept in para- 2 wherein it has been stated that learned counsel for the State has submitted petitioner nos. 2 and 3 are sons of the petitioner no.1. whereas petitioner No.3 is the father and petitioner Nos. 1 and 2 are his sons. 9. Accordingly, para-2 of the order dated 17.03.2026 is corrected and modified to the extent that petitioner No.3 be read as the father of petitioner Nos. 1 and 2. 10. Today, learned counsel for the petitioners submits that petitioner Nos. 2 and 3 are not P.D.S. dealers, so Section-7 of Essential Commodities Act is not attracted against them. 11. Considering all the aspect of the case, from perusal of the FIR, it is evident that there is direct allegation against the petitioners that a huge quantity of PDS subsidized rice was found stored at Vijay Sah's doorstep, and a significant amount of rice was also found stored in his house. There is also direct allegation against the petitioners of obstructing the government servants from discharging their official duty. In this way, prima facie offence alleged in the FIR attracts Sections- 420, 353, 34 of I.P.C. and Section-7 of Essential Commodities Patna High Court CR. WJC No.337 of 2025(4) dt.19-03-2026 8/8 Act. 12. In view of the above, the contention of learned counsel for the State is quite tenable and sustainable that the assertion in para 5 of the writ petition is not corroborated by the receipt of purchase of rice (Annexure-P/1) as the names of farmers indicated in para-5 from whom rice is claimed to have been purchased do not tally with the names of farmers mentioned in the receipts enclosed. 13. Considering all the material aspects of the case, the submissions advanced on behalf of the parties as also materials available on record, this Court finds no merit in the present criminal writ petition. 14. Accordingly, the present criminal writ petition stands dismissed. K.C.Jha/- (Alok Kumar Pandey, J) U T