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Patna High Court

Manohar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            3/4




          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
                                                           4/4




                         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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