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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.80330 of 2025 Arising Out of PS. Case No.-565 Year-2025 Thana- NAUBATPUR District- Patna ====================================================== Anjani Kumari Wife of Sri Krishna Sharma Resident of Chhoti Tengraulla, P.S. - Naubatpur, District - Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.N.K. Agrawal, Sr. Advocate Mr.Kumar Rajdeep, Advocate Mr.Saroj Kumar Choudhary, Advocate For the Opposite Party/s : Mr.Ram Naresh Ray, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 02-12-2025 Heard Mr. N.K. Agrawal, learned senior counsel for the petitioner and Mr. Ram Narresh Ray, learned APP for the State.
2. The petitioner seeks bail in connection with Naubatpur P.S. Case No. 565 of 2025, instituted for the offences under Sections 316(5), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 7 of the E.C. Act.
3. Prosecution case, in short, is that the petitioner is alleged to have sold food grains meant for distribution in the black market, as a large shortage of wheat and rice was found in his shop during inspection.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.
Patna High Court CR. MISC. No.80330 of 2025(2) dt.02-12-2025 2/3
Learned counsel further submitted that there is no any direct evidence against the petitioner to indulge him in black marketing in open market and the present case has been lodged only on the basis of the reading of E.POS machine for the stock available without any physical or manual verification through the stock and sale of the PDS Shop. Learned counsel, in support of his submission, has also annexed the judgment passed by the Division Bench of this Court. It has been submitted on behalf of the petitioner that the petitioner is in custody since 13.09.2025 and has no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Naubatpur P.S. Case No. 565 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
Patna High Court CR. MISC. No.80330 of 2025(2) dt.02-12-2025 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. (III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
manish/- (Rudra Prakash Mishra, J) U T