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Patna High Court

Umesh Yadav @ Umesh Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner.

Summary

Umesh Yadav was arrested in connection with offences under sections 316(2), 316(5), 318(4) of the Bharatiya Nyaya Sanhita and section 7 of the Essential Commodities Act. He applied for regular bail, contending that the inspection of his Fair Price Shop was conducted improperly – the authorities merely peered through a closed door without a seizure memo, inventory, or photographic evidence. He further submitted that he has no prior criminal record, has been in custody since 21 September 2025, and that the investigation against him is complete. The State opposed the bail application. Considering the alleged procedural lapses, the petitioner’s clean antecedent, the completed investigation, and the length of his custody, the Court granted bail on a bond of Rs. 20,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite alleged irregularities in the inspection of his shop and the nature of the offences under the Bharatiya Nyaya Sanhita and Essential Commodities Act.

Legislation cited

Subjects

  • bail
  • procedural irregularities
  • essential commodities
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • investigation completed
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89133 of 2025
                         Arising Out of PS. Case No.-38 Year-2025 Thana- Paura District- Khagaria
                 ======================================================
                 Umesh Yadav @ Umesh Kumar Yadav, son of Late Bucho Yadav @
                 TejBahadur Yadav, Resident of Ward No.10, Paura P.S.- Paura, District-
                 khagaria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rana Veer Prawar, Adv.
                 For the Opposite Party/s :        Mr. Parmeshwar Mehta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
                                       ORAL ORDER

2   12-01-2026                    Heard the parties.

                                2. Petitioner seeks regular bail in connection with

                   Paura P.S. Case No. 38 of 2025 registered for the offences

                   punishable under sections 316(2), 316(5) and 318(4) of the

                   Bharatiya Nyaya Sanhita and section 7 of the Essential

                   Commodities Act.

                                3. The main submissions advanced by petitioner’s

                   counsel are that as per the prosecution, the petitioner’s Fair Price

                   Shop was inspected and merely by peeping inside the area of the

                   petitioner’s shop through the closed door, it was presumed that

                   there was shortage of stock of foodgrains supplied to the

                   petitioner but the same is not proper procedure and further,

                   neither any seizure memo nor any inventory of available
             Patna High Court CR. MISC. No.89133 of 2025(2) dt.12-01-2026
                                                         2/2




                       foodgrains nor any photography was done and prepared. It is

                       further submitted that the petitioner bears no criminal antecedent

                       and has been languishing in jail since 21.09.2025 and against him

                       the investigation has been completed.

                                    4. Learned APP for the State has opposed the prayer of

                       the petitioner.

                                    5. Considering the above submissions, the averments

                       made in this application and mainly the irregularities committed

                       by the concerned authorities while inspecting the petitioner’s

                       shop as pointed out by the petitioner’s counsel, coupled with his

                       custody period, clean antecedent as well as completion of

                       investigation against him, this Court is inclined to release him on

                       bail. Accordingly, let the petitioner named-above be released on

                       bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty

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

                       satisfaction of the court concerned in connection with Paura P.S.

                       Case No. 38 of 2025.



                                                 (Shailendra Singh, J)
annu/-

U        T


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