Dhirendra Mishra Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23712 of 2026

Arising Out of PS. Case No.-302 Year-2025 Thana- DARBHANGA SADAR DistrictDarbhanga

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Dhirendra Mishra Son of Shivnandan Mishra Resident of Village- Atihar, Ward No. 9, P.S.- Sadar, District- Darbhanga- 846007

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Kumar Ravi Shankar, Adv. For the Opposite Party/s : Mr.Parmeshwar Mehta, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

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2 16-04-2026

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner apprehends his arrest in connection with Darbhanga Sadar PS Case No. 302 of 2025 registered on 21.09.2025 for the offences punishable under Sections 303(2), 318(4) of the B.N.S. and Section 7 of the E.C. Act.

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The allegation in the First Information Report is of large-scale misappropriation of food grains by the petitioner which are meant for distribution under the Public Distribution System.

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Learned counsel for the petitioner submits that the petitioner is a PDS dealer against whom there is allegation that on the E-pos machine records, stock of 45,292 kilograms of wheat and 34,324 kilograms of rice was shown available with

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Patna High Court CR. MISC. No.23712 of 2026(2) dt.16-04-2026 2/4

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the petitioner whereas no wheat or rice was found in the Godown of the petitioner.

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Learned counsel for the petitioner, contradicting the allegation made against him, submits that the distribution of the food-grains has been made and the records of the same was maintained in the register as there was some flaws in the E-pos machine. It is further submitted that in the midst of COVID-19, during course of distribution of food-grains, there was a direction by the authority to the PDS dealers to distribute the food grains to all the beneficiaries including the Pravashi Bhartiya who were not consumer of the concerned dealer. Accordingly, the petitioner distributed 4,224 kilograms of wheat and 30,716 kilograms of rice on the instructions of the concerned authority and thumb impressions of the beneficiaries were duly obtained in the distribution register in presence of a Magistrate.

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It has next been averred that a representation was submitted for adjustment of the distributed food-grains, but no action was taken. Thereafter, the petitioner had approached the High Court in writ petition being CWJC No. 984 of 2025 wherein the SDO-cum-Licensing Authority, Darbhanga was directed to consider the petitioner’s representation and to pass a

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Patna High Court CR. MISC. No.23712 of 2026(2) dt.16-04-2026 3/4

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reasoned order after giving a proper hearing to the petitioner but the concerned authority outrightly rejected the representation of the petitioner and cancelled his license. It has also been submitted that no consumer has raised any complaint with regard to non-distribution of the food grains, as such, the petitioner has not done any black marketing or fraud. Petitioner is a senior citizen and has got clean antecedent. Lastly, it has been submitted that in a similarly situated case one Chatri Yadav has been granted anticipatory bail by the Co-ordinate Bench of this Court in Cr. Misc. No.23241 of 2026 on 10.04.2026.

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Learned APP for the State opposed the prayer for anticipatory bail on the basis of allegations made in the First Information Report.

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Considering the submissions of the parties, petitioner is a senior citizen and he has got clean antecedent and in a similarly situated case one Chatri Yadav has been granted anticipatory bail by the Co-ordinate Bench of this Court in Cr. Misc. No.23241 of 2026, this Court is inclined to extend him the privilege of anticipatory bail.

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9. Let the petitioner, above named, be released on bail in the event of arrest or surrender within a period of six weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate,

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Patna High Court CR. MISC. No.23712 of 2026(2) dt.16-04-2026 4/4

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Darbhanga in connection with aforesaid PS Case, subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions:-

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(i) one of the bailors should be the family member/relative of the petitioner(s) who shall provide official document to show his/her bona fide;

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(ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/their bail bond by the Trial Court itself;

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(iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

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(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his/their bail bonds.

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(Ajit Kumar, J)

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perwez

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U T

Dhirendra Mishra v. The State of Bihar

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Dhirendra Mishra v. The State of Bihar

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