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2026 DAILYLAW 3373 (PAT)

Abhishek Kumar Mishra v. The State of Bihar

CR. MISC./2226/2026 · 2026-03-24

Prabhat Kumar Singh

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2226 of 2026 Arising Out of PS. Case No.-247 Year-2025 Thana- DEV District- Aurangabad ====================================================== Abhishek Kumar Mishra S/o Late Naval Kishore Mishra R/o Village- Kurka, Ps- Deo, Dist- Aurangabad ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner : Mr. Vipin Kumar Singh, Advocate For the State : Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 24-03-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. 2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 7 of the Essential Commodities Act. 3. As per prosecution case, it is alleged that this petitioner, who happens to be son of a deceased P.D.S. dealer, misappropriated and black marketed P.D.S. food grains by affixing his thumb impression against 82 ration card holders in the e-POS machine. 4. It is submitted by learned counsel appearing on Patna High Court CR. MISC. No.2226 of 2026(3) dt.24-03-2026 2/3 behalf of the petitioner that petitioner is quite innocent and has committed no offence. As a matter of fact, due to defective e- POS machine, the alleged shortage of food grains was found. There is no complaint by any of the customer that this petitioner is involved in black marketing of food grains. It is lastly submitted that petitioner is not a P.D.S. dealer and has falsely been implicated in this case merely on suspicion. Petitioner claims clean antecedents. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner. 6. Considering the facts and circumstances of the case, nature of accusation, fact that petitioner is not a P.D.S. dealer and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed. 7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad in connection with Deo P.S. Case No. 247 of 2025, subject to Patna High Court CR. MISC. No.2226 of 2026(3) dt.24-03-2026 3/3 condition as laid down under Section 482(2) of the B.N.S.S.. shashank/- (Prabhat Kumar Singh, J) U T