Patna High Court
Manoj Yadav @ Manoj Kr. Yadav @ Manoj Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the stipulated bond and conditions.
Summary
Manoj Yadav applied for anticipatory bail after being implicated in a case alleging assault and indiscriminate firing under several sections of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. The prosecution’s version is that the petitioner, along with others, assaulted the complainant’s son and fired weapons. The petitioner contended that he is innocent, that the allegations are vague, and that no specific overt act can be linked to him, noting that the injury caused was minor. The State opposed the bail application. The Court, considering the nature of the accusations and the lack of specific evidence against the petitioner, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- What is the adequacy of the evidence to justify denial of anticipatory bail for the petitioner?
- Do the allegations under the cited sections constitute a specific overt act warranting arrest?
- Whether the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are appropriate for granting anticipatory bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 3(5), 351(2)
Subjects
- anticipatory bail
- criminal procedure
- assault
- arms act
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14383 of 2026
Arising Out of PS. Case No.-200 Year-2025 Thana- BIHIA District- Bhojpur
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Manoj Yadav @ Manoj Kr. Yadav @ Manoj Kumar Yadav S/o Dinanath
Yadav R/o Village - Kalyanpur, P.S - Bihiya, District - Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manish Chandra Gandhi, Advocate
For the Opposite Party/s : Ms. Asha Devi, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 28-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 109(1),
351(2), 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of
the Arms Act.
3. As per prosecution case, on 04.06.2025 at about
5:50 PM, when informant was going to the market, he received
information from his nephew that some people are assaulting his
son near Brahmsthan and when he reached at the place of
occurrence, he saw that all the F.I.R. named accused persons,
including this petitioner, were assaulting his son and were
making indiscriminate firing.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. On account
Patna High Court CR. MISC. No.14383 of 2026(2) dt.28-04-2026
2/2
of previous enmity, quarrel took place between the parties in
which both sides sustained injuries. Case and counter case.
Allegation of assault is general and omnibus and there is no
specific allegation of overt act against the petitioner. Injury
allegedly caused by this petitioner is simple in nature.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
accusation and injury, this anticipatory bail is allowed and it is
ordered that let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate,
1st Class, Bhojpur at Ara in connection with Bihiya P. S. Case
No. 200 of 2025, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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