Pawan Kumar Sah @ Pavan Kumar Sah vs The State Of Bihar Through The Principal … on 19 March, 2026

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    Patna High Court – Orders

    Pawan Kumar Sah @ Pavan Kumar Sah vs The State Of Bihar Through The Principal … on 19 March, 2026

    Author: Alok Kumar Pandey

    Bench: Alok Kumar Pandey

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Criminal Writ Jurisdiction Case No.337 of 2025
                           Arising Out of PS. Case No.-373 Year-2022 Thana- MAHUA District- Vaishali
                     ======================================================
               1.     Pawan Kumar Sah @ Pavan Kumar Sah Son of Vijay Sah Resident of
                      Village- Fatehpur Mubarak ward No 3 PS- Mahua, Dist- Vaishali
               2.    Raj Kumar Sah @ Raj Kumar son of Vijay Sah Resident of Village-
                     Fatehpur Mubarak ward No 3 PS- Mahua, Dist- Vaishali
               3.    Vijay Kumar @ Vijay Sah son of Fakira Sah Resident of Village- Fatehpur
                     Mubarak ward No 3 PS- Mahua, Dist- Vaishali
    
                                                                                       ... ... Petitioner/s
    
                                                           Versus
    
               1.    The State of Bihar Through the Principal Secretary, Food And Civil Supplies
                     Bihar, Patna Bihar
               2.    The District Magistrate, Vaishali at Hajipur bihar
               3.    The Sub-Divisional Officer, Mahua, Dist- Vaishali bihar
               4.    The Block Supply Officer, Mahua, Dist- Vaishali at Hajipur bihar
               5.    The Station House Officer, Mahua PS bihar
    
                                                               ... ... Respondent/s
                     ======================================================
                     Appearance :
                     For the Petitioner/s    :        Mr. Prakash Chandra, Advocate
                     For the Respondent/s    :        Mr. Manoj Kumar, AC to G.P.4
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                           ORAL ORDER
    
    4   19-03-2026

    Heard both sides.

    2. The present criminal writ petition has been filed

    SPONSORED

    praying for quashing the First Information Report (FIR) bearing

    Mahua P.S. Case No. 373 of 2022, lodged under Section 420,

    353/34 of the IPC and 7 of Essential Commodities Act instituted

    on the basis of the written complaint filed by the

    informant/respondent no. 4 before the SHO concerned.

    3. From perusal of the F.I.R. it is evident that on
    Patna High Court CR. WJC No.337 of 2025(4) dt.19-03-2026
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    raid being conducted, a huge quantity of PDS subsidized rice

    was found stored at Vijay Sah’s doorstep, and a significant

    amount of rice was also found stored in his house. The quantity

    of food grains (rice) available after verification is as follows:-

    01. 190 bags of Arwa rice, including 181 bags of

    plastic and 9 bags of jute, totaling 85.90 quintals.

    02. 51 bags of parboiled rice, out of which 47 bags

    are plastic and 04 bags are jute, totaling 23.55 quintals.

    Total 241 (two hundred forty one) sacks weighing-

    109.45 quintals.

    4. Nearby villagers identified Vijay Sah’s sons,

    Rajkumar Sah and Pawan Kumar, as the owners of the stored

    rice, which was also confirmed by Rajkumar Sah and Pawan

    Kumar. Rajkumar Sah and Pawan Kumar were questioned and

    asked to provide evidence regarding ownership of the stored

    rice. Instead of providing evidence regarding the stored rice,

    they attempted to influence the investigation by exhorting the

    surrounding villagers through family members, creating a tense

    and violent atmosphere.

    5. Learned counsel for the petitioners submits that

    petitioner No. 3 is the father of petitioner Nos.1 and 2. Petitioner

    no. 1 is a trader and engaged in the business of sale and
    Patna High Court CR. WJC No.337 of 2025(4) dt.19-03-2026
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    purchase of food grains and carrying its business with the name

    and style of M/S. R.P. Enterprises vide Registration No.

    10HNSPK2659P1Z8 and the petitioner no. 1 purchased the food

    grains/rice from the farmers. Petitioner Nos. 2 and 3 have no

    concern with the alleged offence, despite which they have been

    made accused illegally and arbitrarily and the entire prosecution

    has been maliciously instituted. Learned counsel for the

    petitioners has submitted through para-5 of the writ petition that

    petitioner no. 1 has purchased the boiled and Arwa rice from the

    farmers, namely, Ashok Kumar Sah, Shiv Chandra Sah, Abhay

    Sah, Ranjeet Singh, Rajendra Singh, Arvind Sah, Ram Ekwal

    Singh and other farmers. Learned counsel for the petitioners has

    enclosed the photostat copies of receipts in proof of said

    purchase, running from page no. 16 to 60 (Annexure-P/1). He

    further submits that as rice is a free sale commodity, anyone can

    purchase, store and sell rice and no offence is made out under

    Section-7 of the Essential Commodities Act.

    6. Learned counsel for the State has submitted that

    in para-5 of the writ petition it has been pleaded that petitioner

    no. 1, being the proprietor of M/S. R.P. Enterprises, is engaged

    in the business of sale and purchase of food grains from the

    farmers. Petitioner no. 1 has purchased rice from the farmers,
    Patna High Court CR. WJC No.337 of 2025(4) dt.19-03-2026
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    namely, Ashok Kumar Sah, Shiv Chandra Sah, Abhay Sah,

    Ranjeet Singh, Rajendra Singh, Arvind Sah, Ram Ekwal Singh

    and other farmers and he has enclosed the receipt in proof of

    said purchase, running from page no. 16 to 60 (Annexure-P/1).

    Learned counsel for the State has emphatically submitted that

    the names of farmers indicated in para-5 from whom food grains

    are purchased do not tally with the names mentioned in the

    receipts enclosed. Learned counsel for the State has highlighted

    that the assertion in para-5 of the writ petition has not been

    supported by Annexure-P/1, meaning thereby, the facts which

    were asserted by the petitioners has not been supported by any

    material and the plea as taken by the petitioners is without

    having any basis and there is recovery of huge quantity of rice at

    a particular place of the house of petitioner No. 3 and such

    storage of huge quantity of rice reflects that the very purpose of

    keeping such a huge amount of rice was for black marketing

    purpose and when query was made to produce the material for

    keeping such a huge quantity of rice, instead of providing

    justification for keeping such a huge quantity, they resorted to

    take the help of nearby people and tried to confine the persons

    who were in lawful discharge of duties and it is asserted by the

    informant that with the help of additional force provided at
    Patna High Court CR. WJC No.337 of 2025(4) dt.19-03-2026
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    Thana level, anyhow informant and her team went outside the

    P.O.

    7. On 17.03.2026 a detailed order has been passed

    which reads as under:-

    Learned counsel for the petitioners
    has challenged the F.I.R. bearing Mahua P.S.
    Case No. 373 of 2022 lodged under Sections
    420
    , 353 and 34 I.P.C. and Section 7 of the
    Essential Commodities Act instituted on the
    basis of written complaint filed by the informant
    before the S.H.O. concerned.

    2. Learned counsel for the State has
    filed a counter affidavit. He has submitted that
    the things which were recovered from the shop
    of the petitioner no.1 and petitioner nos. 2 and 3
    are sons of the petitioner no.1 and they had also
    participated in confiscation proceeding as it has
    been submitted through para 7 of the counter
    affidavit that on the basis of recommendation
    made by the Sub-Divisional Officer, Mahua, a
    confiscation case has been initiated against the
    petitioners to confiscate the seized food grains
    vide Confiscation Case No. 04/2022-23 and
    pursuant to the order passed in confiscation
    case, the seized food grains were auctioned in
    the open market. Learned counsel for the State
    has cited the case of State of Haryana vs.
    Chajan Lal and Ors.
    wherein Hon’ble Supreme
    Patna High Court CR. WJC No.337 of 2025(4) dt.19-03-2026
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    Court has laid down the parameters for
    quashing of F.I.R. under Article 226 of the
    Constitution of India and Section 482 of the
    Code of Criminal Procedure. The guidelines
    have been elaborated in para 22 of the counter
    affidavit for quashing the F.I.R. In para 24, it
    has been specifically mentioned that there is a
    specific allegation against the petitioners in the
    F.I.R. and a prima facie case is made out
    against them. As such, the petitioners are not
    entitled for the relief sought for by them in the
    present writ application. Further, in para-25, it
    has been submitted that F.I.R. has not been
    lodged only under Section 7 of the Essential
    Commodities Act rather the offence committed
    by the petitioners also attracts the relevant
    provisions of the I.P.C. which has not been dealt
    with by the petitioners in the present writ
    application. In light of the aforesaid facts and
    circumstances of the case, present writ
    application is liable to be dismissed and the
    present F.I.R. reflects the offence as alleged
    against the petitioners.

    3. Learned counsel on behalf of the
    petitioners has submitted that on account of
    non-availability of arguing counsel, he is unable
    to argue the case, so he seeks a short
    adjournment.

    4. List this case on 18.03.2026″

    Patna High Court CR. WJC No.337 of 2025(4) dt.19-03-2026
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    8. From perusal of the order dated 17.03.2026, it

    appears that an inadvertent typographical error has crept in para-

    2 wherein it has been stated that learned counsel for the State

    has submitted petitioner nos. 2 and 3 are sons of the petitioner

    no.1. whereas petitioner No.3 is the father and petitioner Nos. 1

    and 2 are his sons.

    9. Accordingly, para-2 of the order dated

    17.03.2026 is corrected and modified to the extent that

    petitioner No.3 be read as the father of petitioner Nos. 1 and 2.

    10. Today, learned counsel for the petitioners

    submits that petitioner Nos. 2 and 3 are not P.D.S. dealers, so

    Section-7 of Essential Commodities Act is not attracted against

    them.

    11. Considering all the aspect of the case, from

    perusal of the FIR, it is evident that there is direct allegation

    against the petitioners that a huge quantity of PDS subsidized

    rice was found stored at Vijay Sah’s doorstep, and a significant

    amount of rice was also found stored in his house. There is also

    direct allegation against the petitioners of obstructing the

    government servants from discharging their official duty. In this

    way, prima facie offence alleged in the FIR attracts Sections-

    420, 353, 34 of I.P.C. and Section-7 of Essential Commodities
    Patna High Court CR. WJC No.337 of 2025(4) dt.19-03-2026
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    Act.

    12. In view of the above, the contention of learned

    counsel for the State is quite tenable and sustainable that the

    assertion in para 5 of the writ petition is not corroborated by the

    receipt of purchase of rice (Annexure-P/1) as the names of

    farmers indicated in para-5 from whom rice is claimed to have

    been purchased do not tally with the names of farmers

    mentioned in the receipts enclosed.

    13. Considering all the material aspects of the case,

    the submissions advanced on behalf of the parties as also

    materials available on record, this Court finds no merit in the

    present criminal writ petition.

    14. Accordingly, the present criminal writ petition

    stands dismissed.

    (Alok Kumar Pandey, J)

    K.C.Jha/-

    U      T
     



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