Patna High Court
Manoj Kumar Yadav @ Manoj YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The court refused anticipatory bail, holding that the nature of the allegations and the petitioner’s criminal antecedents preclude the grant of bail under Section 482 BNSS, 2023.
Summary
Manoj Kumar Yadav applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case involving offences under the IPC and the Arms Act. The petitioner claimed innocence, arguing that the FIR contained only general allegations against all accused and that his political background and prior criminal cases were being used to target him. The State opposed bail, stating the FIR specifically implicated the petitioner along with others. The court examined the nature of the allegations and the petitioner’s extensive criminal antecedents. Concluding that the allegations were serious and the petitioner’s history warranted caution, the court refused the anticipatory bail application. The petition was therefore dismissed.
Issues considered
- Whether anticipatory bail can be granted under Section 482 of the BNSS, 2023 in the present case
- Whether the FIR’s general allegations constitute a cognizable offence against the petitioner
- Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita — s. 482
- Indian Penal Code — s. 307, 323, 34, 379, 504, 506
Subjects
- anticipatory bail
- Section 482
- BNSS 2023
- IPC offences
- Arms Act
- criminal antecedent
- political victimisation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11042 of 2026
Arising Out of PS. Case No.-217 Year-2022 Thana- BELDOUR District- Khagaria
======================================================
Manoj Kumar Yadav @ Manoj Yadav Son of Late Dhunmun Yadav @ Late
Tunmun Yadav R/o village - Shekhpura Chaman (Shekhpur Chaman), Gosain
Tola, P.S.- Udakishunganj, District - Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Prasad Singh, Sr. Advocate
Mr. Pawan Kumar, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
4 29-04-2026 Heard learned Senior Counsel for the petitioner and
learned APP for the State.
2. The present criminal miscellaneous application has
been filed under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for
grant of anticipatory bail to the petitioner, who apprehends
arrest in connection with Beldaur P.S. Case No. 217 of 2022,
lodged on 26.10.2022, under Sections 323/307/379/504/506/34
of the Indian Penal Code and under Section 27 of the Arms Act,
pending in the Court of learned Chief Judicial Magistrate,
Khagaria.
3. As per the prosecution, the FIR has been lodged
against eight accused persons including the present petitioner
Patna High Court CR. MISC. No.11042 of 2026(4) dt.29-04-2026
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against whom the allegation of firing is there.
4. Learned Senior Counsel for the petitioner submits
that petitioner is innocent and has committed no offence. He
submits that allegation of firing is against all the accused
persons. Counsel submits that the criminal antecedent of the
petitioner is the real cause for filing the case. He submits that
petitioner is a man of political background, a social activists and
former Chairman of the District Board, who always used to
opposes the corrupt person of the system. It is due to this reason,
his name has repeatedly been inserted in the criminal cases. In
result, there are 35 criminal cases pending against him, but it is
also true that he has been acquitted in 24 criminal cases, in
seven criminal cases he is on bail and in four cases final report
has not been submitted. Counsel submits that from the
allegations made in the FIR no offence constituted against the
petitioner as there is general and omnibus allegation.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that in the FIR there is
allegation against all the accused persons including the present
petitioner.
6. Considering the nature of allegation and criminal
antecedents of the petitioner, this Court is not inclined to grant
Patna High Court CR. MISC. No.11042 of 2026(4) dt.29-04-2026
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anticipatory bail to the petitioner. Hence, the prayer for
anticipatory bail of the petitioner is hereby refused.
(Dr. Anshuman, J)
Mkr./-
U T
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