Rajesh Kumar Paswan @ Rajesh Paswan Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Rajesh Kumar Paswan @ Rajesh Paswan Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Prayer for anticipatory bail allowed. Release ordered upon arrest or surrender within four weeks before the learned court below, on a bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of learned SDJM, Araria in Bhargama P.S. Case No. 148 of 2024, subject to Section 438(2) CrPC / Section 482(2) BNSS 2023 conditions; additionally, attendance required at every trial-court date till framing of charges, and bail bond to be cancelled if other criminal antecedents are found after verification.

Issue for consideration

Whether the petitioner, apprehending arrest in Bhargama P.S. Case No. 148 of 2024 (offences under Section 7 of the Essential Commodities Act, alleged misappropriation of PDS grains), should be released on anticipatory bail upon arrest or surrender.

Court's answer

Anticipatory bail granted: in the event of arrest or surrender within four weeks before the learned court below, the petitioner is to be released on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of learned SDJM, Araria, in connection with Bhargama P.S. Case No. 148 of 2024, subject to the conditions laid down under Section 438(2) of the CrPC / Section 482(2) of the BNSS, 2023.

Ratio / Principle

Condition imposed: the petitioner must appear in court on each and every date fixed by the trial court until framing of charges.

Key takeaways

Condition imposed: after acceptance of the bail bond the petitioner's criminal antecedents shall be verified, and if he is found involved in any case other than the present one his bail bond shall be cancelled.ratio¶¶21

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED — Patna High Court (Nawneet Kumar Pandey, J.), Criminal Miscellaneous No. 6348 of 2025, order dated 14-10-2025, allowed the petitioner's apprehension-arrest plea in Bhargama P.S. Case No. 148 of 2024 (District Araria), registered under S. 7 of the Essential Commodities Act for alleged misappropriation of PDS grains (inspection of 19.10.2023 showed shortages of 53.19 quintals of wheat and 188.06 quintals of rice; SDO, Forbesganj had cancelled the dealership licence). Petitioner to be released on arrest or surrender within four weeks before the learned court below, on bail bond of Rs. 10,000/- with two sureties of like amount each to the satisfaction of learned SDJM, Araria, subject to S. 438(2) CrPC / S. 482(2) BNSS, 2023; further conditioned on attendance at every trial-court date till framing of charges and cancellation of the bond if other criminal antecedents emerge on verification.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6348 of 2025

Arising Out of PS. Case No.-148 Year-2024 Thana- BHARGAMA District- Araria

======================================================

Rajesh Kumar Paswan @ Rajesh Paswan S/o Late Awadh Paswan R/o Village- Bhargama, Ward No.08, P.S.- Bhargama, District- Araria

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. N.K. Agrawal, Sr. Adv. Mr. Mukesh Kumar Rana, Adv. Mr. Saroj Kumar, Choundary, Adv. For the State : Mr.Ram Priya Sharan Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

3 14-10-2025

Heard Mr. N.K. Agrawal, learned Senior counsel for the petitioner as well as the learned APP for the State.

The petitioner apprehends his arrest in connection with Bhargama P.S. Case No. 148 of 2024, registered for the offences punishable under Section 7 of the Essential Commodities Act.

As per allegation, the informant BSO, Bhargama, reported that on 19.10.2023, during inspection of PDS dealer Rajesh Kumar Paswan’s shop (Licence No. 01BH/2020), a shortage of 53.19 quintals of wheat and 188.06 quintals of rice was found, indicating misappropriation of PDS grains. On his, recommendation, the SDO, Forbesganj cancelled the dealer’s license.

Mr. N.K. Agrawal, learned Senior Counsel for the petitioner has submitted that the license of the petitioner had already been cancelled at the time of inspection and he was not present at the

Patna High Court CR. MISC. No.6348 of 2025(3) dt.14-10-2025 2/2

spot. His further submission is that not a single beneficiary has made any complaint against the petitioner.

On the other hand, learned APP for the State has opposed the prayer for bail.

Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Araria in connection with Bhargama P.S. Case No. 148 of 2024, subject to the conditions as laid down under Section 438(2) of the CrPC/482(2) of the BNSS, 2023.

The petitioner will appear in the court on each and every date fixed by the trial court till framing of charges.

After accepting the bail bond, the criminal antecedent of the petitioner shall be verified and if, it is found that he is involved in any other case except the present one, his bail bond shall be cancelled.

(Nawneet Kumar Pandey, J)

Nirmal/- U T