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2026 DAILYLAW 29033 (PAT)

Md. Shahid v. The State of Bihar

CR. MISC./51490/2026 · 2026-08-13

Satyavrat Verma

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51490 of 2026 Arising Out of PS. Case No.-50 Year-2026 Thana- LODIPUR District- Bhagalpur ====================================================== Md. Shahid Son of Late Md. Reyasat Hussain Resident of Village- Chakdariya, P.S.- Lodipur, District- Bhagalpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ankit Raj For the Opposite Party/s : Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 13-08-2026 1. 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 punishable under Section 7 of Essential Commodity Act, 1955. 3. Learned counsel appearing on behalf of the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that Fair Price Shop of petitioner was inspected on 20.01.2026 and physical quantity of grain available in the shop was verified from the ePOS system, next alleges that in the ePOS the quantity of rice was shown 515.29 quintals while in the shop only 01 quintal rice was available, similarly in the ePOS, 259.97 quintals of wheat was shown but in the shop only 01 quintal of wheat was available, Patna High Court CR. MISC. No.51490 of 2026(2) dt.13-08-2026 2/3 thus alleges that the petitioner misappropriated 773.26 quintals of grain. 4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is further submitted that petitioner is a PDS dealer since 2016 and no complaint ever came to be submitted by any of the beneficiaries nor the beneficiaries complained to the competent authority for holding an inspection on the ground that they were not getting grains as per government regulation. 5. Learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner and submits that from perusal of the allegation as alleged in the FIR, it would manifest that specific allegation of misappropriating 773.26 quintals of grain is alleged based on inspection of the PDS of the petitioner, it is further submitted that the grain is meant for poor beneficiaries and the petitioner at the cost of beneficiaries sold 773.26 quintals of grains in black-market, it is also submitted that if petitioner is innocent, police will submit final form after investigation but then interrogation of the petitioner is required. 6. After hearing learned counsel for the parties and taking into consideration the submissions made by the learned Patna High Court CR. MISC. No.51490 of 2026(2) dt.13-08-2026 3/3 A.P.P. for the State, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner. 7. Hence, the prayer for anticipatory bail is rejected. vikram/- (Satyavrat Verma, J) U T