Patna High Court
Yashpal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Bhartiya Nyay Sanhita, 2023 — s. 303(2), 316(5), 317(2), 318(4), 3(5)
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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