Patna High Court
Manohar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with conditions, finding no specific allegation against him and noting the clean antecedent and prior anticipatory bail to co‑accused.
Summary
Manohar Yadav was arrested on 27‑02‑2026 in connection with FIR No. 201 of 2025 alleging offences under several sections of the BNS, 2023, including unlawful assembly and assault on government officials. He applied for bail, asserting a clean antecedent and contending that the FIR contains no specific allegation against him, only a general charge applicable to all accused. The petitioner highlighted that co‑accused in the same case had been granted anticipatory bail by a coordinate bench in Cr. Misc. No. 60426 of 2025. The State opposed the bail. Considering the lack of specific allegation, the petitioner’s clean record, and the precedent of anticipatory bail to similarly situated co‑accused, the court ordered his release on bail with a bond of Rs.10,000 and three conditions regarding cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the petitioner despite the FIR’s general allegations and the seriousness of the offences charged
- Whether the grant of anticipatory bail to co‑accused in a coordinate case warrants similar relief to the petitioner
Legislation cited
- BNS, 2023 — s. 109, 115(2), 125(a), 126(2), 132, 190, 191(2), 324(4), 352
Subjects
- bail
- anticipatory bail
- criminal procedure
- clean antecedent
- FIR
- BNS 2023
- unlawful assembly
- assault on government officials
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21311 of 2026
Arising Out of PS. Case No.-201 Year-2025 Thana- SHEKHPURA District- Sheikhpura
======================================================
Manohar Yadav Son of Basdev Yadav @ Vasudev Yadav @ Basadev Yadav
Resident of Village- Budhauli, P.S.- Sheikhpura and District- Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nilendu Kumar Choudhary, Advocate
For the Opposite Party/s : Mr.Md. Aslam Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 01-04-2026 Heard Mr.Nilendu Kumar Choudhary, learned
counsel for the petitioner and Mr.Md. Aslam Ansari, learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
27.02.2026 in connection with Sheikhpura P.S. Case No. 201
of 2025, F.I.R. dated 10.07.2025 registered for the offence
punishable under Sections 191(2), 190, 126(2), 115(2), 109,
132, 324(4), 125(a), 352 of BNS,2023.
3. Allegation against the petitioner is to prevent the
government officials from executing the decree of a Court of
law by means of forming an unlawful assembly and assaulting
the government officials with common object of deterring
them from doing their official duties.
Patna High Court CR. MISC. No.21311 of 2026(2) dt.01-04-2026
2/4
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The
allegation as alleged in the FIR is false and fabricated and the
petitioner has not committed any offence as alleged in the
FIR. From a bare perusal of the FIR it appears that there is no
specific allegation of any assault or overt-act attributed
against the petitioner rather there is general and omnibus
allegation against all the accused persons including the
petitioner and for the same set of allegation, similarly situated
co-accused persons, namely, Santosh Kumar and others have
been granted privilege of anticipatory bail by a Coordinate
Bench of this Hon’ble Court vide order dated 11.02.2026
passed in Cr. Misc. No.60426 of 2025 and prayer for
anticipatory bail of the present petitioner has been denied by
the said order. The police, after investigation, submitted the
chargesheet against the petitioner on 08.03.2026 and the
petitioner is in custody since 27.02.2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts, petitioner has
clean antecedent, similarly situated co-accused persons have
been granted privilege of anticipatory bail by a Coordinate
Patna High Court CR. MISC. No.21311 of 2026(2) dt.01-04-2026
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Bench of this Hon’ble Court and there is no specific
allegation against the petitioner in the FIR, let the petitioner,
above named, be released 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 Chief Judicial
Magistrate, Sheikhpura in connection with Sheikhpura P.S.
Case No. 201 of 2025, with the following conditions:-
(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 Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
(III) And, further condition that the court below
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
Patna High Court CR. MISC. No.21311 of 2026(2) dt.01-04-2026
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order shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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