IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3263 of 2025 Arising Out of PS. Case No.-624 Year-2023 Thana- SUPAUL District- Supaul ====================================================== Manoj Choudhary Son of Dasrath Choudhary Village- Pathra PS -pipra District- Supaul ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Murari Narain Chaudhary, Advocate For the Opposite Party/s : Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 20-02-2025 1. Heard learned Counsel for the petitioner and learned APP for the State. 2. This application, for grant of anticipatory bail, arises out of Supaul PS case no. 624 of 2023, disclosing offences punishable under Section 7 of Essential Commodities Act. 3. The prosecution story, as per the First Information Report, is that on 31.07.2023, during course of vehicle checking, a vehicle bearing no. BR 50GA 1892 was stopped near Supaul Bus Stand on Pipra road and on search, rice bag was found, which appeared to be subsidized food grain. On inquiry, the driver could not produce any document Patna High Court CR. MISC. No.3263 of 2025(2) dt.20-02-2025 2/4 for the loaded articles and then the vehicle was brought to Sadar Police Station. On search, 21.60 quintals of fortified rice kernels usna rice kept in 45 bags was found and as per the report of the Assistant Godown Manager, S.F.C., Supaul, the food grains was found as subsidized food grains and it appears that the same was taken for black marketing. 4. Learned Counsel for the petitioner submits that the petitioner’s name has transpired in this case on the basis of confessional statement of arrested co-accused Surendra Mahto, who is the driver of the vehicle in question. He disclosed that the seized rice belonged to the petitioner. Learned counsel further submits that petitioner has no concern with the seized article as he has never run P.D.S. shop and due to ulterior motive, petitioner has been implicated in this case. He also submits that till date, the petitioner is never involved in the case of black marketing. The petitioner is stated to be having no criminal antecedent. 5. I have heard learned counsel for the parties and perused the materials on record. It appears that the co-accused Surendra Mahto has disclosed that the seized subsidized rice/ grain belongs to the petitioner and the same was loaded on the pick-up van at the instance of the petitioner with a direction to Patna High Court CR. MISC. No.3263 of 2025(2) dt.20-02-2025 3/4 unload the same in the rice mill of Binod Shah at Karanpur. He further disclosed that the rice was the government subsidized rice. Witness- Rajendra Mandal, in course of investigation, disclosed that the co-accused Surendra Mahto, who is the Pick-up van owner-cum-driver, with the help of the petitioner, are engaged in black marketing of the grain/ government rice for many years. Witnesses have further disclosed that subsidized rice is brought to the unauthorized rice mill of the petitioner. Call Detail Record of the petitioner as well as the co-accused also indicates their association. The accused persons illegally diverted the rice meant for poor in order to sale it at a higher price in the open market. This undermines the food security programme and creates hardship for low income families. Even poor family struggles to afford essential food supply. The public fund meant for welfare programme goes to waste. The erosion of trust in government policy leads to social unrest. The material collected during course of investigation can be made the basis of further investigation against the petitioner, for which custodial interrogation may be necessary. The offence committed is grave in nature. 6. Accordingly, I am not inclined to grant the Patna High Court CR. MISC. No.3263 of 2025(2) dt.20-02-2025 4/4 privilege of anticipatory bail to the petitioner, hence the same is rejected. rinkee/- (Anil Kumar Sinha, J) U T