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Patna High Court

Mani Bhushan Yadav @ Mani Bhushan Roy @ Mani Bhushan Yadav @ Mani Bhushan Prasad YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                               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/-

U √     T   √


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