IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.27808 of 2025 Arising Out of PS. Case No.-322 Year-2024 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== Sunil Kumar Bihari S/o Budhan Yadav R/o Village/Mohalla- Budha ITI Aurwan, P.S.- Magadh Medical, District- 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. Parmeshwar Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 2 07-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State . 2. Petitioner apprehends his arrest in a case registered for the offences punishable under Sections 316 (5) and 318(4) of BNS and Section 7 of EC Act, 1955. 3. The prosecution story in brief is that on 08.10.2024 at 12:33 PM, the In-charge Officer District Law Yatra Gaya inspected the shop of PACS Aurvan-cum-PDS. During the inspection, physical verification of food grains stored in the aforementioned shop was done in which difference in the quantity of wheat and rice was found. The vendor should have 129 sacks of wheat and 449 sacks of rice (total about 288.49 quintals of food grains) in stock whereas the vendor has zero Patna High Court CR. MISC. No.27808 of 2025(2) dt.07-05-2025 2/3 stock which clearly shows that the seller has done black marketing of food grains. 4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in the present case, it is next submitted that petitioner is a person with clean antecedent. It is further submitted by learned counsel for the petitioner that there is no direct evidence against the petitioner that he has been indulged in black marketing and the the petitioner has been implicated based on suspicion. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. 6. From reading of the FIR it appears that the petitioner has been made accused in the present case on the basis of suspicion because it is alleged that upon inspection of the shop of PACS, shortfall was found in the stock of food grains. Further, the petitioner is a person with clean antecedent. Therefore, under these circumstances, this Court is inclined to grant the privilege of anticipatory bail to the petitioner. 7. Accordingly, the petitioner in the event of his arrest or surrender within four weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of Patna High Court CR. MISC. No.27808 of 2025(2) dt.07-05-2025 3/3 the like amount each to the satisfaction of the Court of learned Additional Chief Judicial Magistrate-V, Gaya in connection with Magadh Medical P.S. Case No. 322 of 2024, subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Gaurav Sinha/- (Alok Kumar Sinha, J) U T