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2026 DAILYLAW 33724 (PAT)

Dilip Bhuiyan v. The State of Bihar

CR. MISC./7884/2026 · 2026-02-17

Shailendra Singh

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7884 of 2026 Arising Out of PS. Case No.-232 Year-2025 Thana- DEV District- Aurangabad ====================================================== Dilip Bhuiyan, S/o Soharai Bhuiyan, Resident of Village - Kantari, P.S - Deo, District - Aurangabad ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ashok Kumar No.6, Adv. For the Opposite Party/s : Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 2 17-02-2026 1. Heard the parties. 2. The petitioner apprehends his arrest in connection with Deo P.S. Case No. 232 of 2025 dated 13.09.2025 registered for the offence punishable under Section 7 of the Essential Commodities Act. 3. The main submissions advanced by the petitioner’s counsel are that, on the alleged day, the petitioner was a Public Distribution System dealer at Village Kantari, on that day, the Block Supply Officer conducted a surprise inspection of the petitioner’s shop and, merely upon finding some discrepancy between the quantity of food grains shown in the POS machine and the quantity of food grains actually found in the petitioner’s shop, it was suspected that the petitioner was involved in irregularities, thereafter, the petitioner was issued a show cause Patna High Court CR. MISC. No.7884 of 2026(2) dt.17-02-2026 2/3 notice to file his response, and merely on account of his failure to submit a reply, he was suspected of being involved in the black marketing of food grains meant to be supplied as subsidized food grains to the people through the P.D.S. shop. However, at the time of inspection, neither was any register of the petitioner’s shop seized, nor was any separate inspection report prepared. Further, the show cause notice was issued on 08.09.2025 and was served upon the petitioner on 10.09.2025, and on 12.09.2025, the petitioner’s license was cancelled, which shows the haste on the part of the Supply Officer in taking coercive action against the petitioner. 4. Learned APP appearing for the State has opposed the bail prayer of the petitioner. 5. Considering the above submissions and the pleas taken by the petitioner, in my opinion, it is a fit case for anticipatory bail to the petitioner Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Deo P.S. Case No. 232 of 2025 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the Patna High Court CR. MISC. No.7884 of 2026(2) dt.17-02-2026 3/3 conditions as laid down under Section 482(2) of the B.N.S.S. Rajiv/- (Shailendra Singh, J) U T