Pre-arrest bail can be granted based on the absence of license cancellation and ongoing cooperation with legal proceedings.

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

5 21-01-2026 Heard learned counsel appearing on behalf of the petitioner and the learned APP for the State.

2. Petitioner seeks pre-arrest bail in connection with Giriyak P.S.Case No.492 of 2024, registered for the offences punishable under Sections 318(4), 316(2) & 316(5) of BNSS and Section 7 of E.C. Act, 1955 .

3. The prosecution story in short is that the petitioner is the President of Primary Agricultural Credit Societies (PACS, wherein, during the course of inspection, some irregularities were found.

4. Learned counsel appearing on behalf of the petitioner informs that already the action has been taken by the SDJM concerned, petitioner is ready to appear on each date of hearing of the case as fixed and he seeks to be released on bail. Learned counsel further informs that till date the license of PACS has not been cancelled, however, no such information has been given in the bail application.

5. Learned Additional Public Prosecutor has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.

6. Having considered the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the FIR and the the manner in which the inspection was required to be made in accordance with Sub Section (iii) of Section 20 of Bihar Targeted Public Distribution System (Control) Order, 2016, I find that the Officer has not conducted the information technology based inspection. At the same time, it has been informed by the petitioner that the license of the PACS has not been cancelled till date, I find it proper to direct the learned district court to verify as to whether the license of the petitioner has been cancelled and in case, it has not been cancelled, the petitioner is directed to be released on pre-arrest bail in connection with Giriyak P.S.Case No.492 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C./ Section 482 (2) of BNSS and the other conditions as the learned district court deems fit and proper.

7. The present bail application is accordingly disposed of.

(Purnendu Singh, J)