Facts of the Case

Shiv Shankar Sahu sought anticipatory bail apprehending arrest in Rajnagar P.S. Case No. 86 of 2023, registered for offences under Sections 379, 420 and 120-B IPC and Sections 7 and 9 of the Essential Commodities Act, 1955, arising from the recovery of 70 bags of government-subsidised rice from a tractor. The petitioner's counsel submitted that the petitioner had fair and clean antecedents, was a reputed businessman with a registered GST number and firm turnover in crores, filed income tax returns in his firm's name, had no connection with the alleged tractor or its driver, was not a PDS dealer, and that his signature did not appear on the seizure list, with no godown details of his recorded on the seizure memo.

Issues Involved

  1. Whether the petitioner made out a case for anticipatory bail given his stated clean antecedents and the gaps in the seizure documentation.

Petitioner's Arguments

  • The petitioner had fair and clean antecedents, being a reputed, GST-registered businessman with turnover in crores who also filed income tax returns.
  • He had no concern with the alleged tractor, its driver, or the two witnesses to the seizure, was not a PDS dealer, his signature did not appear on the seizure list, and no detail of his godown appeared on the seizure memo — all falsifying the allegation against him.
  • He was not present at the alleged place of recovery.

Respondent's Arguments

  • The learned Additional Public Prosecutor for the State opposed the prayer for anticipatory bail.

Court Order / Findings

  • Considering the petitioner's fair and clean antecedents and the absence of any recovery-place detail linking him (his godown) to the seizure memo, and noting the main allegation appeared to be against the concerned Anganwadi Sevikas, the Court held the petitioner deserved the privilege of anticipatory bail.
  • Anticipatory bail was granted subject to a bail bond of Rs.10,000 with two sureties, and the standard conditions under Section 438(2) CrPC.

Important Clarification

This order has no bearing on GST law. The petitioner's GST registration is mentioned solely as one indicator of his being a legitimate, established businessman — offered as clean-antecedent evidence in an Essential Commodities Act/theft matter involving subsidised rice, with no allegation of any GST offence.

Sections Involved

  • Sections 379, 420, 120-B, Indian Penal Code, 1860 — theft, cheating, and criminal conspiracy.
  • Sections 7 and 9, Essential Commodities Act, 1955 — contravention of orders and offences by companies.
  • Section 438, Code of Criminal Procedure, 1973 — anticipatory bail.

Decision – In Favour of

Decided in favour of the petitioner (Shiv Shankar Sahu) — anticipatory bail was granted; no GST issue was involved or decided.

Case Details

  • Court: High Court of Judicature at Patna
  • Case No.: Criminal Miscellaneous No. 47270 of 2023
  • Coram: Hon'ble Mr. Justice Shailendra Singh
  • Date of Order: 6 September 2023

Link to Download the Order

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