IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62180 of 2025 Arising Out of PS. Case No.-469 Year-2023 Thana- DAUDNAGAR District- Aurangabad ====================================================== Marachhu Bhuiyan @ Mrachhu Bhuiya S/o Bhawan Bhuiya Resident of village- Belwan, Checharhi, PS- Daudnagar, Aurangabad, Chechari, Bihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Kumar Ravish For the Opposite Party/s : Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 15-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends his arrest in a case registered for the offence under Section 7 of the Essential Commodities Act. 3. As per F.I.R., on 02.08.2023 at about 12:50 p.m. Atulya Kumar, Block Supply Inspector, Daudnagar inspected the Public Distribution System shop of the petitioner Marachhu Bhuiyan having licence no. 01/D/08. The petitioner was present at the time of inspection. Store register, distribution register etc. were not shown by him. During inspection, when the slip of food grains (wheat/rice) was taken out from the e-POS machine, wheat 15152.60 kilograms and rice- 25740.72 kilograms, total 408.9332 quintal were found in the stock. But on physical Patna High Court CR. MISC. No.62180 of 2025(2) dt.15-09-2025 2/3 inspection no bags of food grains (wheat/rice) was found in the shop of the petitioner. Thus 408.9332 quintal government subsidized food grains (wheat/rice) have been black marketed/embezzled by the petitioner. 4. Learned counsel for the petitioner submits that the petitioner is quite innocent and has committed no offence and has been falsely implicated in this case. It is further submitted that petitioner is a P.D.S. dealer and the at time of inspection he was not present there. The allegation levelled against the petitioner is completely false and fabricated. Learned counsel for the petitioner further submits that there is no actual shortage and the goods were sold by the petitioner through his registered shop attached to the consumers and it is for this reason, there is no complaint from any consumer. Since there was no update made in the machine which led to the difference in stock reading. Moreover, P.D.S. License of the petitioner i.e. License No. 01/D/2008 has been cancelled by the Licensing Authority under Memo No. 646 dated 20.04.2024. Petitioner claims clean antecedent. 5. Learned A.P.P. for the State has opposed the bail petition. 6. Considering the aforesaid facts & circumstances, Patna High Court CR. MISC. No.62180 of 2025(2) dt.15-09-2025 3/3 let the above named petitioner, in the event of arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Aurangabad in connection with Daudnagar P.S. Case No. 469 of 2023, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023. Saif/- (Prabhat Kumar Singh, J) U T