Patna High Court
Randhir Yadav @ Randhir KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Since no incriminating article was recovered from the petitioner’s possession and the sole basis of the accusation is the co‑accused’s confession, the court held that bail must be granted.
Summary
The petitioner, Randhir Yadav, was charged under sections of the Bihar Narcotic Substances Act, the Arms Act and the Bihar Prohibition and Excise Act based largely on a confessional statement of co‑accused Kumar Gautam, who had illicit liquor and arms seized from him. No incriminating article was recovered from the petitioner's possession and he had been in custody since 2 December 2025. The petitioner pleaded innocence and sought regular bail, arguing that the sole basis of the case was the co‑accused’s confession. The State opposed the bail. Considering the lack of material against the petitioner, the general nature of the accusations and the period of custody, the court allowed the bail petition. The petitioner was ordered to be released on a bail bond of Rs 10,000 with two sureties of the same amount before the Exclusive Special Court of Excise, Patna.
Issues considered
- Whether bail should be granted when the only evidence against the petitioner is a co‑accused’s confessional statement and no incriminating article is found in his possession.
- Whether the nature of the offences under the Bihar Narcotic Substances Act, Arms Act and Prohibition and Excise Act warrants denial of bail despite the petitioner’s custody since December 2025.
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Bihar Narcotic Substances Act — s. 310(4), 310(5), 3(5)
Subjects
- regular bail
- confessional statement
- arms act
- prohibition and excise act
- narcotic substances act
- co‑accused
- no incriminating article
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14331 of 2026
Arising Out of PS. Case No.-90 Year-2025 Thana- KHUSRUPUR District- Patna
======================================================
Randhir Yadav @ Randhir Kumar Son of Awadhesh Singh Resident of
Village- Kayampur, P.S.- Khusrupur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Dilip Kumar Roy, Advocate
For the State : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in a case registered for
the offence punishable under Sections 310(4), 310(5) and 3(5)
of the B.N.S., Sections 25(1-B)a, 26 and 35 of the Arms Act and
Sections 30(a) and 37 of the Bihar Prohibition and Excise Act.
3. As prosecution case, four liters illicit country made
liquor and illegal arms and ammunition were recovered from
possession of co-accused Kumar Gautam @ Tittu who disclosed
the name of this petitioner as one of his associate.
4. Learned counsel appearing for the petitioner
submits that petitioner is quite innocent and has committed no
Patna High Court CR. MISC. No.14331 of 2026(2) dt.10-04-2026
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offence. No incriminating article has been recovered from
conscious possession of this petitioner and has falsely been
implicated in this case merely on the basis of confessional
statement of co-accused Kumar Gautam. Save and except
confessional statement, there is no material on record to show
the complicity of this petitioner in the alleged offence. It si
further submitted that co-accused Kumar Gautam has already
been granted bail by this Hon’ble Court vide order dated
08.08.2025 passed in Cr. Misc. No. 35424 of 2025. Moreover,
charge-sheet has already been submitted and petitioner is in
custody since 02.12.2025.
5. Learned A.P.P. for the State the prayer for bail to
the petitioner.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, fact that no
incriminating article has been recovered from possession of this
petitioner and period of custody, the prayer for grant of bail to
the petitioner is allowed.
7. Accordingly, let the petitioner, mentioned above, be
enlarged on bail on furnishing bail bond of Rs.10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Court of Excise, Patna
Patna High Court CR. MISC. No.14331 of 2026(2) dt.10-04-2026
3/3
City in connection with Khusrupur P.S. Case No. 90 of 2025.
(Prabhat Kumar Singh, J)
shashank/-
U T
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