Created by Fuzzy Cloud

Patna High Court

Munna YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.