Patna High Court
CR. MISC./41026/2026 of Hemant Yadav Vs The State of Bihar on 1 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.41026 of 2026 Arising Out of PS. Case No.-83 Year-2026 Thana- VIJAYEPUR District- Gopalganj ====================================================== Hemant Yadav Son of Vijaymal Yadav @ Vijaimal Yadav Resident of Village- Jaywaliya, P.S.-
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41026 of 2026
Arising Out of PS. Case No.-83 Year-2026 Thana- VIJAYEPUR District- Gopalganj ======================================================
Hemant Yadav Son of Vijaymal Yadav @ Vijaimal Yadav Resident of Village- Jaywaliya, P.S.- Vijayipur, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Sanjay Kumar Jha, Adv.
For the Opposite Party/s :
Ms. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
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ORAL ORDER
01-07-2026 Heard the learned Advocate for the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Vijayipur (Vijaipur) P.S. Case No. 83 of 2026, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.
3. Allegedly, in course of vehicle checking, the police intercepted a pick-up van bearing Registration No. UP52CT- 1665. However, noticing the police party, the driver of the said vehicle fled away taking advantage of the darkness by leaving the pick-up van. On search, altogether 8 cattle were found over the pick-up van, besides 95 liters of country made chulai liquor.
4. Learned Advocate for the petitioner submitted that the vehicle, in question, was being run by the driver on rent and Patna High Court CR. MISC. No.41026 of 2026(2) dt.01-07-2026
only on account of the fact that the petitioner being owner of such pick-up van, his name has been implicated in this case. During the course of investigation, no material has been collected that the petitioner was aware with respect to trafficking of cattle or illicit wine and, as such, because of the fault of the driver, the petitioner has been implicated in this case. The petitioner has not been identified by any of the police personnels nor his presence at the place of occurrence has been reported by any of the independent person. The petitioner bears fair antecedent and he undertakes that he will fully co-operate in the proceeding of the Court.
5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that the petitioner, being owner of the vehicle, from where all the incriminating materials have been recovered, his complicity cannot be denied.
6. Regard being had to the submissions made on behalf of the parties and considering the materials available on record that save and except the petitioner being owner of the vehicle, in question, there is no other material suggesting the nexus of the petitioner with the present crime, coupled with the fair antecedent of the petitioner and his undertaking that he will Patna High Court CR. MISC. No.41026 of 2026(2) dt.01-07-2026
fully co-operate in the proceeding of the Court, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Exclusive Special Excise Court No.-III, Gopalganj in connection with Vijayipur (Vijaipur) P.S. Case No. 83 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner.
shivank/- (Harish Kumar, J) U T