Patna High Court
Manoj Yadav @ Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that, given the non‑serious injuries, prior enmity and probability of false accusation, the petitioners are entitled to bail.
Summary
The petitioners, members of the Yadav family, sought bail in connection with Ballia Police Station Case No. 497 of 2025, which alleged that they assaulted an informant and his sons, violating several sections of the Bihar Narcotic Substances Act, 2023 and Section 27 of the Arms Act. The prosecution claimed the petitioners caused injuries to the informant’s family, while the petitioners contended that the case was false, rooted in a prior enmity, and that the injuries were superficial. The petitioners also argued that they were the victims of a violent attack and have a clean antecedent. The court examined the nature of the injuries, the history of hostility between the parties, and the possibility of false accusation. Finding the injuries non‑serious and the likelihood of false allegations, the court ordered that the petitioners be released on bail upon furnishing the prescribed bond and sureties, subject to conditions under Section 482(2) of the CrPC.
Issues considered
- Whether bail should be granted to the petitioners in the pending criminal case.
- Whether the allegations against the petitioners constitute a false accusation arising from prior enmity.
- Whether the nature and severity of the alleged injuries justify denial of bail.
Legislation cited
- Arms Act — s. 27
- Bihar Narcotic Substances Act, 2023 — s. 109(1), 115(2), 117(2), 190, 191(2), 303(2), 329(3), 351(2), 352, 74
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- bail
- false accusation
- prior enmity
- assault
- criminal procedure
- Section 482
- Arms Act
- injuries
- criminal case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21346 of 2026
Arising Out of PS. Case No.-497 Year-2025 Thana- BALIYA District- Begusarai
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1. Manoj Yadav @ Manoj Kumar S/O Nunulal Yadav Resident of village-
Sondipi, Diyara, Ward No.12, P.S. Balia, District- Begusarai
2. Kargil Yadav @ Kargil Kumar S/O Nunulal Yadav Resident of village-
Sondipi, Diyara, Ward No.12, P.S. Balia, District- Begusarai
3. Sanoj Yadav Son of Nunulal Yadav Resident of village- Sondipi, Diyara,
Ward No.12, P.S. Balia, District- Begusarai
4. Nunulal Yadav Son of Late Bisho Yadav. Resident of village- Sondipi,
Diyara, Ward No.12, P.S. Balia, District- Begusarai
5. Chhathiya Devi Wife of Nunulal Yadav. Resident of village- Sondipi,
Diyara, Ward No.12, P.S. Balia, District- Begusarai
6. Nistara Devi D/o. Nunulal Yadav Resident of village- Sondipi, Diyara, Ward
No.12, P.S. Balia, District- Begusarai
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr. Aditya Kumar, Advocate
For the State : Ms. Pushpa Sinha.1, APP
For the Informant : Mr. Braj Bhushan Poddar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 10-04-2026 Heard learned counsel for the petitioners, learned
A.P.P. for the State and learned counsel for the informant.
2. In the present case, the petitioners are
apprehending their arrest in connection with Ballia P.S. Case
No. 497 of 2025, dated 15.11.2025, registered for the offences
punishable under Sections 191(2), 190, 329(3), 115(2), 117(2),
109(1), 352, 351(2), 303(2) and 74 of the B.N.S., 2023 and
Section 27 of the Arms Act.
3. As per prosecution case, petitioners came to the
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doors of the informant and assaulted the informant and his sons
causing a number of injuries to them.
4. Learned counsel for the petitioners submits that
the petitioner are innocent and they have falsely been implicated
in this case. From the FIR, it is apparent that the parties have
previous enmity. The present case has been lodged by the
informant in order to save themselves from the case lodged by
the petitioner no. 1 vide Ballia P.S. Case No. 516 of 2025
registered under Sections 126(2), 115(2), 308(2), 109(1), 352
and 351(2) read with Section 3(5) of the B.N.S., 2023, against
the informant’s side as the petitioners have received multiple
injuries and petitioner no. 2 was even admitted in ICU. As
petitioner no. 1 became unconscious in the attack, his fardbeyan
was recorded before the police on 18.11.2025, and thereafter the
case was registered. Thus, the present case was lodged by the
informant with false and concocted facts. It was the petitioners’
side which was on receiving end as they were brutally assaulted
by the informant’s side. Learned counsel further submits that the
injury reports falsifies the allegations against the petitioners.
The injuries of informant and his sons are an abrasion of size 1”
x ½” over left shoulder and pain in the right wrist, a lacerated
wound over left parietal region of size ¾” x 1/8” x 1/8” and an
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injury of size 1/10” x 1/10” with swelling over left side of
forehead respectively. There is only one injury each on the sons
of the informant, whereas the informant himself suffered two
injuries, but the dimensions of the injuries show that the injuries
are merely superficial. On the other hand, the injury received by
the petitioners’ side were stated to be grievous on two persons
and simple on one person. Learned counsel further submits that
at most it could be a case of free-fight between two groups and
in which the petitioners’ side was at receiving end and the
petitioners’ side suffered serious injuries in the attack by the
informant’s side. Learned counsel lastly submits that petitioners
are having clean antecedent.
5. Learned APP as well as learned counsel for the
informant vehemently oppose the submissions made on behalf
of the petitioners. Learned counsel for the informant submits
that there is specific allegation against the petitioners Kargil
Yadav, Manoj Yadav, Sanoj Yadav and Nunulal Yadav.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
case and counter case between the parties and also considering
their previous enmity and non-serious nature of injuries and the
probability of false accusation, let the petitioners, above-named,
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in the event of their arrest or surrender before the Court
concerned within a period of eight weeks from today, be
released on bail, on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand Only) each with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Begusarai, in connection with Ballia P.S. Case No.
497 of 2025, subject to the conditions as laid down under
Section 482(2) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the
petitioners.
(ii) The petitioners will remain present on each and
every date fixed by the Court below, if so required by the
learned trial Court.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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