Patna High Court
Himanshu Yadav @ Umakant Yadav @ Umakant Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties.
Summary
The petitioner, Himanshu Yadav, was implicated in a case where 144 litres of liquor were seized from a tempo and the driver identified him as one of two accused who escaped. The FIR charges him under sections 274, 275 and 317(5) of the Bharatiya Nyaya Sanhita, 2023 and sections 30(a) and 37(c) of the Bihar Prohibition and Excise Act, 2016. The petitioner contended that he was not arrested at the scene, no incriminating article was found on him, and the only evidence against him is the statement of a co‑accused. He applied for regular bail, offering to cooperate with the investigation. The court, after considering the lack of direct material evidence and the nature of the allegation, granted bail on a bond of Rs.10,000 with two sureties, directing compliance with the Special Judge’s conditions.
Issues considered
- Whether bail should be granted when the only evidence is a co‑accused statement and no material was seized from the petitioner
- Whether the petitioner’s non‑arrest at the spot and lack of incriminating articles justify regular bail under the charged provisions
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 317(5)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 37(c)
Subjects
- regular bail
- co‑accused testimony
- liquor smuggling
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41903 of 2026
Arising Out of PS. Case No.-72 Year-2026 Thana- GHOGHARDIHA District- Madhubani
======================================================
Himanshu Yadav @ Umakant Yadav @ Umakant Kumar Yadav S/o- Satish
Kumar @ Satish Prasad Yadav Resident of Village- Kupaha Police Station-
Ghoghardiha District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashad, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 01-07-2026 Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Ghoghardiha P.S. Case
no. 72 of 2026 registered under sections 274, 275 and 317(5) of
the Bharatiya Nyaya Sanhita, 2023 and sections 30(a) and 37(c)
of the Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution case, 144 litres of liquor was
recovered from the tempo in question and the driver of the
vehicle was taken into custody. Two accused managed to
escape. On enquiry, the driver of the tempo who was caught
disclosed the name of the two persons who had managed to
escape, which included the petitioner herein.
4. Learned counsel for the petitioner submits that from the
Patna High Court CR. MISC. No.41903 of 2026(2) dt.01-07-2026
2/2
contents of the FIR itself, it would transpire that neither the petitioner
was arrested at the spot nor any incriminating article recovered from
his possession. The only material against him is the statement of a
co-accused made before police. The petitioner is in custody since
6.5.2026 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 allegations against the petitioner in
the FIR, the petitioner not having been arrested at the spot, no
incriminating article having been recovered from the petitioner’s
possession, the name of the petitioner transpiring in the
statement of the co-accused made before police and the
petitioner having remained in custody since 6.5.2026, the Court
directs the petitioner to be enlarged on bail in connection with
Ghoghardiha P.S. Case no. 72 of 2026 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 Exclusive Special
Judge, Jhanjharpur, Madhubani.
(Partha Sarthy, J)
sauravkrsinha/-
U T
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