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2026 DAILYLAW 44573 (PAT)

Umesh Yadav @ Umesh Kumar Yadav v. The State of Bihar

CR. MISC./89133/2025 · 2026-01-12

Shailendra Singh

body2026

Judgment text

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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. annu/- (Shailendra Singh, J) U T