Contractor's responsibility in food grain transportation under Mid Day Meal scheme and parameters for anticipatory bail decision.

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

6 21-01-2026 Heard Ms. Namrata Mishra, learned Senior counsel along with Ms. Archana Jha, learned counsel appearing on behalf of the petitioners; Mr. Ajit Kumar, learned APP appearing on behalf of the State and Mr. Nirmal Kumar, learned counsel appearing on behalf of the O.P. No.2.

2. The petitioners apprehend their arrest in connection with Kaluahi P.S. Case No. 51290292520028 of 2025 registered under Sections 316(2),316(3),316(5),318(4),3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023 and Section 7 of the Essential Commodities Act, 1955 .

3. As per the allegation made in the FIR, on the basis of a joint written application submitted by the Block Education Officer, Kaluahi, and the Assistant Godown Manager, BSFC Godown, Khajauli, an FIR was lodged alleging that pursuant to an order of the Sub-Divisional Officer, Madhubani Sadar, a three-member enquiry committee conducted an inspection on 25.02.2025, during which a vehicle bearing Registration No. BR-06-GB-8178 carrying 68 bags of rice (50 kg each) was intercepted by local people at Utkramit Madhya Vidyalaya, Malmal West, and it was found that the food grains, meant for distribution under the government scheme were being transported for the purpose of black-marketing. It was further alleged that the concerned Headmasters/Headmistress and their representatives had lifted lesser quantities of food grains than allotted to their respective schools and that the remaining stock was unauthorizedly stored on the said vehicle by the representative of the transport agent, whereupon Kaluahi P.S. Case No. 51290292520028 dated 26.02.2025 was registered against the petitioners and other accused persons.

4. Learned Senior counsel appearing on behalf of the petitioners submits that the petitioners are innocent and they have falsely been implicated in the present case. The required food grains were loaded on the truck as per the allotment in respect of three schools, amounting to 131 bags, each containing 50 kg of rice. It is admitted that 54 bags as per the allotment were to be delivered to Middle School, Kalikapur, 43 bags were to be delivered to Middle School, Pursaulia and 33 bags were to be delivered to Middle School, Malmal West. Allegation is that a vehicle bearing Registration No. BR-06-GB-8178, carrying 68 bags of rice (50 kg each) was intercepted by local people at Utkramit Madhya Vidyalaya, Malmal West, and it was found that the food grains, meant for distribution under the government scheme, were being transported for the purpose of black-marketing. Seizure list was prepared in presence of Up- Pramukh of the village and other independent witnesses. Learned Senior counsel further submitted that the petitioner no.1 was representative of the contractor, who was entrusted with the contract of transporting the food materials for mid day meals to the respective schools. The petitioner no.1, being the representative of the contractor, is nowhere concerned with the alleged black marketing of the food grains and so far as, the petitioner no.2 is concerned, he is the driver of the said vehicle and he is unaware of the manner in which the food grains were supplied and in support learned counsel further submitted that the route through which the truck had to follow, no deviation has been found on the GPS and as such, there is no question of black marketing by these petitioners. Learned Senior counsel submitted that the petitioners are innocent and they are not involved in any black marketing, however, in any case, the contractor is responsible for any shortage of food grains or any illegal act and not the petitioners. The petitioners have clean antecedent. On these grounds the petitioners seek to be released on pre-arrest bail.

5. Learned counsel appearing on behalf of O.P. No.2 submitted that the District Manager, BSFC, Madhubani, has entered into contract with one Akhl