IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.82521 of 2025 Arising Out of PS. Case No.-238 Year-2025 Thana- BELHAR District- Banka ====================================================== Umesh Yadav @ Umesh Prasad Yadav Son of Ramfal Yadav Resident Of Village -Nagel PS- Belhar District -Banka ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Kumar Gaurav, Advocate For the Opposite Party/s : Mr. Pramod Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 05-01-2026 Heard learned counsel for the petitioner and the State. 2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 7 of the Essential Commodities Act. 3. Prosecution case, in brief, is that during inspection of PDS shop of the petitioner, shortage of 7.77 quintal of wheat and 116.57 quintal of rice was found. It is alleged that this petitioner was involved in the black-marketing of foodgrains. 4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Allegation of black-marketing of the subsidized foodgrains for the purpose of personal benefit is totally false and concocted. F.I.R. does not suggest any contravention of order under Section 3 of the Essential Commodities Act. As a matter of fact, there was irregularity between the physical stock and e-POS machine Patna High Court CR. MISC. No.82521 of 2025(2) dt.05-01-2026 2/2 across Bihar since 2020. Moreover, PDS license of the petitioner had already been cancelled by the SDO, Banka vide Memo No. 633 dated 19.05.2025. He further submits that Hon’ble High Court has quashed the aforesaid order of the SDO, Banka vide CWJC No. 11717 of 2025 dated 06.08.2025. Petitioner claims clean antecedent. 5. Learned A.P.P. for the State vehemently opposed the bail application. 6. Considering backdrop of the case, nature of accusation and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, 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 District & Additional Sessions Judge-III, Banka in connection with Belhar P. S. Case No. 238 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Navya/- (Prabhat Kumar Singh, J) U T