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Patna High Court

Yashpal KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to a bail bond and sureties.

Summary

The petitioner, Yashpal Kumar, a professional driver, applied for anticipatory bail in connection with an anti‑P.S. case where 724.6 kg of rice was seized from his vehicle and he was charged under sections 303(2), 316(5), 317(2), 318(4) and 3(5) of the Bhartiya Nyay Sanhita, 2023. He contended that he was falsely implicated, had no knowledge of the contraband, and possessed no criminal antecedent. The State opposed the bail. After hearing both sides, the Court noted the seriousness of the allegations but also the petitioner’s clean record and his claim of lack of knowledge. Consequently, the Court ordered that, upon surrender or arrest within four weeks, the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the serious offences alleged under the Bhartiya Nyay Sanhita, 2023
  • Whether the petitioner’s claim of being a professional driver unaware of the goods negates the likelihood of his participation in the alleged crime

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • false implication
  • driver
  • seizure of goods
  • Bhartiya Nyay Sanhita
  • no prior record

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27529 of 2026
                          Arising Out of PS. Case No.-105 Year-2025 Thana- ANTI District- Gaya
                 ======================================================
                 Yashpal Kumar Son of Rajdeo Yadav @ Rajdev Yadav Resident of Village-
                 Kabar, P.S.- Konch, District- Gaya

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aryan Singh, Advocate
                 For the Opposite Party/s :       Dr.Mrityunjaya Kr.Gautam, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   29-04-2026                    1. Heard learned counsel for the parties.

                                   2. The petitioner in this application prays for grant

                   of anticipatory bail apprehending his arrest in connection with

                   Anti P.S. Case no.105 of 2025 registered for the offence

                   punishable under sections 303(2), 316(5), 317(2), 318(4) and

                   3(5) of the Bhartiya Nyay Sanhita, 2023.

                                   3. As per the prosecution case, 724.6 kg of rice was

                   recovered from the vehicle being driven by the petitioner. It is

                   further stated that the rice had been loaded on the pickup truck

                   illegally for selling the same in the market.

                                   4. Learned counsel for the petitioner submits that

                   the petitioner has been falsely implicated in the case on account

                   of being the driver of the pickup vehicle. He was not aware of

                   the goods loaded thereon and is a professional driver. He has no
          Patna High Court CR. MISC. No.27529 of 2026(2) dt.29-04-2026
                                                      2/2




                    criminal antecedent and undertakes to cooperate in the

                    investigation/trial.

                                    5. The application for bail is opposed by learned

                    APP for the State.

                                   6. Having heard learned counsel for the parties and

                    taking into consideration, the nature of allegation against the

                    petitioner in the FIR together with the petitioner not having any

                    criminal antecedent, it is directed that the petitioner above

                    named, in the event of his arrest or surrender before the learned

                    Court below within a period of four weeks, be released on

                    anticipatory bail in connection with Anti P.S. Case no.105 of

                    2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten

                    Thousand) with two sureties of the like amount each to the

                    satisfaction of the learned Additional Chief Magisstre-IX, Gaya.



                                                (Partha Sarthy, J)
Bibhash

U     T


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