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Patna High Court

Manoj YadavversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court refused bail, holding that the seriousness of the charges precludes the grant of bail.

Summary

The petitioners, four individuals from Mahanandpur village, filed a bail application before the Patna High Court, fearing arrest in a case (PS Case No. 146 of 2025) where they are accused of assaulting police officers during the discharge of duty, resulting in injuries including grievous hurt. The FIR charges them under multiple sections of the Bharatiya Nyaya Sanhita (126(2), 115(2), 118(1), 303(1), 109(1), 132, 221, 262, 263, 121(2), 3(5)) and Section 27 of the Arms Act. The court examined the seriousness and nature of the allegations, noting the potential threat to public order and the safety of law‑enforcement personnel. Considering the gravity of the offences, the court refused the petitioners' prayer for bail. Consequently, the bail petition was dismissed.

Issues considered

  • Whether the petitioners are entitled to bail despite being charged with multiple serious offences under the Bharatiya Nyaya Sanhita and the Arms Act

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault on police
  • Bharatiya Nyaya Sanhita
  • Arms Act
  • serious offences

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2452 of 2026
                     Arising Out of PS. Case No.-146 Year-2025 Thana- SHEIKHOPUR SARAI District-
                                                       Sheikhpura
                 ======================================================
           1.     Manoj Yadav Son of Late Nunu Yadav R/o Village - Mahanandpur, P.S. -
                  Sheikhopur Sarai in the district of Sheikhpura.
           2.    Ashok Kumar @ Ashok Yadav Son of Ram Chandra Yadav R/o Village -
                 Mahanandpur, P.S. - Sheikhopur Sarai in the district of Sheikhpura.
           3.    Shankar Yadav @ Shiv Shankar Kumar Son of Ashok Yadav @ Ashok
                 Kumar R/o Village - Mahanandpur, P.S. - Sheikhopur Sarai in the district of
                 Sheikhpura.
           4.    Tuntun Yadav Son of Late Nunu Yadav @ Nunu Lal Yadav @ Late Shital
                 Yadav R/o Village - Mahanandpur, P.S. - Sheikhopur Sarai in the district of
                 Sheikhpura.

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sunil Kumar, Advocate
                 For the Opposite Party/s :      Md. Mushtaque Alam, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   02-02-2026                  Heard learned counsel for the petitioners and the

                   State.

                                2. Petitioners apprehend arrest in Sheikhopur Sarai P.

                   S. Case No. 146 of 2025 registered for the offences punishable

                   under Sections 126(2), 115(2), 118(1), 303(1), 109(1), 132, 221,

                   262, 263, 121(2), 3(5) of the Bharatiya Nyaya Sanhita and

                   Section 27 of the Arms Act.

                                3. As per F.I.R., these petitioners are alleged to have

                   assaulted police party while they were discharging their official
              Patna High Court CR. MISC. No.2452 of 2026(2) dt.02-02-2026
                                                          2/2




                        duty due to which some of the police personnel sustained

                        injuries, including grievous injury.

                                     4. Considering the nature and seriousness of

                        accusation, prayer for bail of the petitioners is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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