Patna High Court
Manoj Yadav @ Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court held that anticipatory bail may be granted subject to strict conditions under Section 438(2) of the Criminal Procedure Code.
Summary
The petitioners, including Manoj Yadav and family members, sought anticipatory bail fearing arrest in connection with Nawada Police Station Case No.1150 of 2025, which alleged offences under several sections of the BNS Act, the Dayan Act, and involved assault with an iron rod, brick‑pelting and outraging modesty. The prosecution alleged that the accused, on orders of petitioner no.2, attacked the informant's son and other family members. The petitioners argued that the injuries were not serious and that the accused would cooperate with the trial. The Court noted the lack of a medical opinion on injury severity, the presence of a female petitioner, and the undertaking to appear in court. Accordingly, the Court granted anticipatory bail to the petitioners with conditions prescribed under Section 438(2) of the Cr.P.C., including furnishing bail, sureties, regular court appearances, and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail should be granted in a case involving multiple serious offences under the BNS Act and the Dayan Act.
- Whether the withdrawal of the initial anticipatory bail application by petitioner no.1 affects the grant of bail to the remaining petitioners.
- Whether the conditions imposed under Section 438(2) Cr.P.C. are appropriate given the facts.
Legislation cited
- Bihar Narcotic Substances Act — s. 109(1), 115(2), 117(2), 126(2), 3(5), 351(2), 352, 74
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Bihar High Court
- assault
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14365 of 2026
Arising Out of PS. Case No.-1150 Year-2025 Thana- NAWADA District- Nawada
======================================================
1. Manoj Yadav @ Manoj Kumar S/o- Guru Prasad Yadav Resident Of Village-
Koniyapar Ps- Nawada District- Nawada
2. Guru Prasad Yadav S/o- Late Musafir Yadav Resident Of Village-Koniyapar
Ps- Nawada District- Nawada
3. Geeta Devi @ Batashwa Devi @ Rita Devi @ Batasha Devi W/o- Guru
Prasad Yadav Resident Of Village-Koniyapar Ps- Nawada District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Adv.
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 29-04-2026 At the outset, learned counsel for the petitioner prays
for withdrawal of the anticipatory bail application of petitioner
no. 1, Manoj Yadav and further undertakes to surrender in next
four weeks.
2. The anticipatory bail application of petitioner no. 1,
Manoj Yadav is dismissed as withdrawn.
3. Heard Mr. Sheo Kumar Prasad, learned Counsel for
the petitioners, State as also Ms. Rima Sahay and Ms. Pallavi
Kumar for the informant.
4. The petitioners apprehend their arrest in connection
with Nawada P.S. Case No. 1150 of 2025 for the offence
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registered under sections 126(2), 115(2), 117(2), 109(1), 74,
352, 351(2), 3(5) of the BNS and ¾ of the Dayan Act.
5. As per the prosecution story, the informant alleged
that the accused persons came armed variously and after abuse,
on the order of the petitioner no. 2, Manoj Yadav assaulted by
iron rod to the son of the informant, Santosh Kumar on the head.
The allegation of assault is also on Shankar Yadav and Guru
Yadav besides Gita Devi of pelting bricks. The outraging of
modesty of the daughter of the informant is also there. This led
to the FIR.
6. Learned Counsel for the petitioners submit that the
entire family members have been roped in which include the
sons and the parents. With the help of the injury report, the
submission is that despite advice, the injured left the hospital
without any information to the Doctor which has been recorded.
7. The informant is appearing and the learned
counsels jointly submit that role of assault is against everyone
including the petitioners herein.
8. Taking into account the submissions of the parties
as also the fact that there is no opinion regarding the nature of
the injury as the injured left the place as recorded by the
Medical Officer, one of the petitioner is a lady, an undertaking
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has been given that they shall be diligently appearing in trial, in
that background, this Court is inclined to grant them the
anticipatory bail with conditions.
9. Let the petitioners in the event of arrest or
surrender within a period of four weeks from the date of receipt
of the order, shall be released on anticipatory bail on furnishing
bail of Rs. 10,000/- (ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate, Nawada in connection with Nawada P.S. Case No.
1150 of 2025 subject to condition as laid down under Section
438(2) of the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioners, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID)
to show his bona fide;
(ii) the petitioners shall appear on each and every date
before the Trial court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial court itself;
(iii) the petitioners shall appear before the concerned
police station every fortnight for next six months to mark
attendance and at the end of the period, the certificate be
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submitted to the Court;
(iv) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioners shall desist from committing any
criminal offence again failing which the State shall be at liberty
to take steps for cancellation of the bail bonds.
10. Before parting, this Court would like to put on
record its word of appreciation for Ms. Rima Sahay and Ms.
Pallavi Kumari for proper assistance rendered in the matter.
(Rajiv Roy, J)
Vijay Singh/-
U
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