Patna High Court
Mantu Kumar Yadav @ Mantu Kumar @ Mantu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner under Section 482 of the BNSS, 2023, subject to specified conditions.
Summary
Mantu Kumar Yadav applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case involving alleged possession of illegal arms. The FIR, filed under Sections 310(4), 310(5), 3(5) of the Bhartiya Nyay Sanhita, 2023 and Sections 25(1‑b)A, 26 and 35 of the Arms Act, named him based solely on a co‑accused's confessional statement, with no weapons recovered from his possession. The petitioner, a 26‑year‑old student, claimed innocence and alleged that his inclusion was due to village politics. The State opposed bail, noting the large quantity of arms seized, but admitted nothing was found on the petitioner. The Court, considering the lack of direct evidence against him, granted anticipatory bail subject to a Rs.30,000 bond and conditions regarding cooperation, presence, and verification of criminal antecedents.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482 of the BNSS, 2023 given the allegations and lack of material evidence.
- Whether the conditions imposed by the Court are appropriate under the statutory framework.
Legislation cited
- Arms Act — s. 25(1-b)A, 26, 35
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 2(1)(d), 482
- Bhartiya Nyay Sanhita, 2023 — s. 310(4), 310(5), 3(5)
Subjects
- anticipatory bail
- Section 482
- arms possession
- political victimisation
- bail conditions
- criminal miscellaneous
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20063 of 2026
Arising Out of PS. Case No.-220 Year-2024 Thana- KUMAR KHAND District- Madhepura
======================================================
Mantu Kumar Yadav @ Mantu Kumar @ Mantu Yadav son of Domi Yadav @
Binod Resident of Village -Bishanpur Kodlahi PS- Kumarkhand District-
Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vindkeshari Kumar, Sr. Advocate
Mr. Deepak Kumar Singh, Advocate
For the Opposite Party/s : Dr.Mrityunjaya Kr. Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 07-05-2026 Heard Learned Counsel for the petitioner and
Learned APP for the State.
2. The present criminal miscellaneous application has
been filed under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for
grant of anticipatory bail to the petitioner who apprehends arrest
in connection with Kumarkhand P.S. Case No. 220 of 2024,
lodged on 22.07.2024, under Sections 310(4)/310(5)/3(5) of the
Bhartiya Nyay Sanhita, 2023 and under Sections25(1-b)A /
26/35 of the Arms Act.
3. As per the prosecution, FIR has been lodged against
seven named accused persons including the present petitioner.
Patna High Court CR. MISC. No.20063 of 2026(3) dt.07-05-2026
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The allegation is that the police party has arrested some persons
with the illegal weapons and live cartridges other than petitioner
and the arrested persons disclosed the name of the petitioner that
he was also present.
4. Learned Senior Counsel for the petitioner submits
that the petitioner is innocent and has committed no offence. He
submits that nothing has been recovered from the possession of
the petitioner. His name has come only and only by virtue of
confessional statement of co-accused. He submits that
antecedent of the petitioner is clean and he is a young student
aged about 26 years. Senior Counsel submits that petitioner’s
name has come in this case due to village politics.
5. Learned APP for the State, on the other hand,
opposes the prayer for bail of the petitioner and submits that
huge quantity of arms have been recovered, but he fairly admits
that nothing has been recovered from the possession of the
petitioner and petitioner has not been apprehended from the
place of occurrence.
6. In the present facts and circumstances of this case,
let the above named petitioner be released on anticipatory bail,
in the event of arrest or surrender before the learned Court
below within a period of 4 weeks from today, on furnishing bail
Patna High Court CR. MISC. No.20063 of 2026(3) dt.07-05-2026
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bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in
Section 2(1)(d) of the BNSS, 2023 to the satisfaction of learned
A.C.J.M.-III, Madhepura, in connection with Kumarkhand P.S.
Case No. 220 of 2024, subject to the conditions as laid down
U/s 482(2) of the BNSS, 2023 with further conditions that:
(i) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Trial Court.
(ii) One of the bailors shall be his close relative.
(iii) The Trial Court shall verify the criminal
antecedent of the petitioner and in case at any stage, it is found
that the petitioner has concealed his criminal antecedent, the
court below shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bonds in terms of the
above-mentioned order shall not be delayed for purpose of or in
the name of verification. the Trial Court shall verify the criminal
antecedent of the petitioner and in case at any stage it is found
that the petitioner has concealed his criminal antecedent, the
Trial Court shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bonds in terms of
Patna High Court CR. MISC. No.20063 of 2026(3) dt.07-05-2026
4/4
the above mentioned order shall not be delayed for purpose of
or in the name of verification.
(Dr. Anshuman, J)
Mkr./-
U T
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