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Patna High Court

Mantu Yadav @ Mantu Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court rejected the petitioner's application for anticipatory bail.

Summary

The petitioner, Mantu Yadav, sought anticipatory bail in a case involving alleged offences under Sections 147, 148, 149, 447, 302 and 201 of the Indian Penal Code, stemming from a violent incident on 11 November 2019 in which the informant's minor son was killed. The FIR alleges that the petitioner was present at the scene carrying a bomb, although the bomb was not used, and that he threatened the victims. The petitioner argued that he was falsely implicated, that no specific assault allegation was made against him, and relied on a prior anticipatory bail order granted to a co‑accused, Karu Yadav, to claim parity. The State opposed bail, highlighting the petitioner’s prior criminal antecedent, his alleged presence with a bomb, and the risk of absconding. The Court, after considering the submissions, found that the allegations against the petitioner were sufficient to deny anticipatory bail and was not persuaded by the parity argument. Consequently, the anticipatory bail application was rejected.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the allegations of presence with a bomb and prior criminal antecedent.
  • Whether the lack of a specific assault allegation against the petitioner warrants the grant of anticipatory bail.
  • Whether the precedent of anticipatory bail granted to a co‑accused (Karu Yadav) compels the same relief for the petitioner.

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • murder
  • attempt to murder
  • criminal conspiracy
  • bomb threat
  • false implication
  • parity principle
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18715 of 2026
                        Arising Out of PS. Case No.-335 Year-2019 Thana- JHAJHA District- Jamui
                 ======================================================
                 Mantu Yadav @ Mantu Kumar Yadav S/o Mohan Yadav R/o Village - Bela
                 Tanr, Tola Rajla Kalan, P.S - Jhajha, District - Jamui

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar Mishra, Advocate
                 For the Opposite Party/s :       Mr. Satya Nand Shukla, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 147, 148,

                   149, 447, 302 and 201 of the Indian Penal Code.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and the informant alleges

                   that accused persons including the petitioner came on

                   11.11.2019 at about 11:30 PM and asked to open the door,

                   accordingly, his minor son aged about 15 years opened the door,

                   when he was dragged outside the house and Sajan along with

                   Prem caught his legs while Ganesh and Rohan caught his hands

                   and Nandu sat on his chest and slit his neck by dabia and

                   thereafter ran behind the informant carrying arms, but fled when
Patna High Court CR. MISC. No.18715 of 2026(2) dt.02-04-2026
                                            2/3




          villagers gathered on alarm, further petitioner was carrying

          bomb in a bag.

                       4. Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that from perusal of the

          allegation as alleged in the FIR, it would manifest that specific

          allegation of slitting the neck of the minor son of the informant

          is against Nandu and as far as this petitioner is concerned,

          against him it is alleged that he was carrying bomb in a bag, but

          then the bomb was not used. It is further submitted that Karu

          Yadav had approached this Court seeking anticipatory bail by

          filing Criminal Miscellaneous No. 26604 of 2023 and the same

          came to be allowed by an order dated 14.07.2023 passed by a

          learned Co-ordinate Bench, thus, the learned counsel based on

          parity seeks anticipatory bail for the petitioner also, on the

          ground that like Karu Yadav, no specific allegation of assault is

          alleged against the petitioner.

                       5. Learned       A.P.P.    for     the   State   opposes   the

          anticipatory bail application of the petitioner and submits that

          petitioner has antecedent of one case and the case was instituted

          in the year 2019 and petitioner in the year 2026 for the first time

          approached the learned District Court seeking anticipatory bail
            Patna High Court CR. MISC. No.18715 of 2026(2) dt.02-04-2026
                                                        3/3




                      and after the anticipatory bail application was rejected,

                      thereafter the petitioner moved before this Court. It is also

                      submitted that what is not in dispute rather stands admitted is

                      that minor son of the informant was killed and it is specifically

                      alleged that petitioner was also present at the place of

                      occurrence with bomb, it is fairly submitted that though bomb

                      was not used, but then the same was a threat which desisted the

                      informant and others from helping his son against the accused.

                      It is further submitted that if privilege of anticipatory bail is

                      granted to the petitioner, he may abscond.

                                   6. Considering the submissions made by the learned

                      APP for the State, the Court is not inclined to extend the

                      privilege of anticipatory bail to the petitioner.

                                   7. Accordingly,         the    instant   anticipatory   bail

                      application stands rejected.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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