Patna High Court
Mani Bhushan Yadav @ Mani Bhushan Roy @ Mani Bhushan Yadav @ Mani Bhushan Prasad YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Mani Bhushan Yadav, applied for anticipatory bail in a case arising from a land dispute between co‑sharers, where he and other co‑accused were alleged to have assaulted the informant and his family and outraged the wife’s modesty. The FIR listed offences under several sections of the Bhartiya Nyaya Sanhita, 2023, including assault, causing hurt, and outraging modesty. The petitioner argued that the injuries were not grievous and that a counter‑case had been filed by the co‑accused, indicating a reciprocal dispute. The court considered the nature of the alleged offences, the lack of grievous injury, and the existence of a counter‑case, and found no compelling reason to deny bail. Consequently, the court granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted in a case involving multiple assault offences under the Bhartiya Nyaya Sanhita, 2023.
- Whether the nature of injuries (non‑grievous) and the existence of a counter‑case affect the grant of anticipatory bail.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, can be invoked to impose conditions on anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 117(2), 126(2), 191(2), 303(2), 3(5), 351(2), 352, 76
Subjects
- anticipatory bail
- land dispute
- assault
- outraging modesty
- criminal procedure
- Bhartiya Nyaya Sanhita
- Section 482
- counter case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2373 of 2026
Arising Out of PS. Case No.-19 Year-2025 Thana- CHHAURADANO District- East
Champaran
======================================================
Mani Bhushan Yadav @ Mani Bhushan Roy @ Mani Bhushan Yadav @ Mani
Bhushan Prasad Yadav Son of Bhagrith Rai @ Bhagirath Rai @ Bhagrit Rai
Resident of Village - Kathariya, P.S. -Chhauradano, District - East
Champaran, Motihari.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sharda Nand Mishra
For the Opposite Party/s : Mr.Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 28-01-2026 1. Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Chhauradano Police Station Case No. 19 of 2025,
dated 23.01.2025, disclosing offences punishable under
Sections 191(2)/126(2)/115(2)/109/303(2)/117(2)/76/351
(2)/ 352/3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, as per the First Information Report,
is that on 19.01.2025, in the evening, while the informant
was sitting at his door, his co-sharers, including the
petitioner, armed with lathi, danda, farsha, sword, iron
rod, garasa, reached at the door of the informant and
Patna High Court CR. MISC. No.2373 of 2026(2) dt.28-01-2026
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started abusing him. The petitioner assaulted the
informant by means of farsha on his head, causing head
injuries. When the wife of the informant came in her
rescue, co-accused Kamlesh Rai assaulted her on her head
by means of iron rod, causing injury on her head. Co-
accused Rameshwar Ray assaulted the father of the
informant by means of lathi on his head, which hit him on
his thigh. Co-accused Indu Devi caught the hair of the
mother of the informant and co-accused Suresh Ray
assaulted her by means of lathi. Co-accused Varun Rai,
Rupesh Kumar and Kishore Rai torn the clothes of the
wife of the informant and outraged her modesty.
4. Learned Counsel for the petitioner submits that both the
parties are co-sharers and there is land dispute between
them. A counter case has also been lodged by co-accused
Rampati Devi against the informant and others, bearing
Chhauradano Police Station Case No. 20 of 2025.
Learned Counsel, referring to the impugned order,
submits that though the injury has been described, but the
nature of injury has not been mentioned as grievous in
nature.
5. Regards being had to the submissions advanced on behalf
Patna High Court CR. MISC. No.2373 of 2026(2) dt.28-01-2026
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of the parties and taking into consideration the fact that
both the parties are co-sharers having land dispute and
there is case and counter case, I am inclined to grant the
petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within a period of
four weeks from today, 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, East Champaran, at Motihari,
in connection with Chhauradano Police Station Case No.
19 of 2025, subject to the condition laid down under
Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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