Patna High Court
Munna YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The petitioner is entitled to anticipatory bail subject to the conditions imposed by the Court.
Summary
The petitioner, Munna Yadav, applied for anticipatory bail after being implicated in a FIR (Brahampur PS Case No.181 of 2025) alleging possession of 147.78 litres of a substance and involvement in an attack on police personnel. The FIR named 35 accused, including the petitioner, under sections 191(2), 191(3), 109, 132 and 324(4) of the B.N.S.S and sections 26, 27 and 35 of the Arms Act. The petitioner argued that no incriminating article was recovered from his possession, he was not the owner of the alleged vehicle, no police officer was injured, and he had no prior criminal record. The State opposed the anticipatory bail, but the Court noted the lack of direct evidence against the petitioner and the absence of injury. Consequently, the Court ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482(2) B.N.S.S, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the FIR.
Legislation cited
- Arms Act — s. 26, 27, 35
- B.N.S.S., 2023 — s. 109, 132, 191(2), 191(3), 324(4)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Criminal Procedure Code
- B.N.S.S
- Arms Act
- no criminal antecedent
- bail bond
- co-accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15134 of 2026
Arising Out of PS. Case No.-181 Year-2025 Thana- BRAHMPUR District- Buxar
======================================================
Munna Yadav Son of Shivnath Yadav Resident of Village - Jawahi Diyar, P.S.-
Brahampur, District - Buxar, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Mishra, Adv.
For the Opposite Party/s : Mr.Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in connection
with Brahampur P.S. Case no.181 of 2025 registered under
sections 191(2), 191(3), 109, 132 and 324(4) of BNS and Section
27, 26 and 35 of Arms Act.
3. The allegation is of recovery of 147.780 litres from
Swift car as well as four empty cartridges from the place of
occurrence and 35 named persons indulging in attack with police
personnel.
4. Learned counsel for the petitioner submits that as
many as 35 persons have been made accused in the F.I.R with
general and omnibus allegation. Further, neither any
incriminating article has been recovered from petitioner’s
possession nor he happens to be the owner of the alleged vehicle.
Further, no police personnel was injured in the occurrence and
number of co-accused have been granted anticipatory as well
as regular bail by this Court and co-ordinate Benches of
Patna High Court CR. MISC. No.15134 of 2026(2) dt.25-02-2026
2/2
this Court. The petitioner has no criminal antecedent and
undertakes to co-operate in case/trial.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Taking into consideration the aforesaid facts and
circumstances of the case and also considering the fact that no
recovery was made from the conscious possession of the
petitioner and no injury has been caused to any one, it is directed
that the petitioner, above named, having no criminal antecedent,
in the event of his arrest or surrender before the learned Court
below within a period of four weeks, be released on anticipatory
bail in connection with Brahampur P.S. Case no.181 of 2025 on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned Court concerned where the case is pending/successor
Court, subject to the condition laid down under Section 438(2) of
the Code of Criminal Procedure/Section 482(2) of the B.N.S.S,
2023.
(Soni Shrivastava, J)
Harsh/-
U T
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