Patna High Court
Umesh Yadav @ Umesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
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
- Bharatiya Nyaya Sanhita — s. 316(2), 316(5), 318(4)
- Essential Commodities Act — s. 7
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
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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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