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Patna High Court

Manoj Yadav @ Manoj Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioners subject to conditions under Section 482(2) of the B.N.S.S.

Summary

Manoj Yadav and Vinod Yadav sought relief from arrest in a criminal case (PS No. 03 of 2026) alleging they were falsely implicated in assault offences under the B.N.S. Act. The prosecution alleged the accused entered the informant's house armed, attempted to cut a boundary, and assaulted the informant's father and uncle with an iron rod and sword, causing injuries. The petitioners contended that the injuries were blunt, not sharp, and that a longstanding land dispute and prior agnatic relations indicated false implication; they also highlighted a prior panchayat and a title suit decided in their favour. The learned APP opposed bail, but the court noted the non‑serious nature of the injuries and the possibility of false implication. Consequently, the court ordered that the petitioners be released on bail with a bond of Rs.10,000 each, two sureties, and conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether the petitioners are entitled to bail pending trial in view of the nature of alleged offences and possibility of false implication

Legislation cited

  • B.N.S. — s. 109, 115(2), 126(2), 303(2), 3(5), 352
  • B.N.S.S. — s. 482(2)

Subjects

  • bail
  • false implication
  • land dispute
  • assault
  • criminal procedure
  • Section 482
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28253 of 2026
                      Arising Out of PS. Case No.-3 Year-2026 Thana- JANKINAGAR District- Purnia
                 ======================================================
           1.     Manoj Yadav @ Manoj Kumar Yadav S/o Bhogilal Yadav R/o Village -
                  Mahraji Ward No. 15, PS - Jankinagar, District - Purnea
           2.    Vinod Yadav S/o Bhogilal Yadav R/o Village - Mahraji Ward No. 15, PS -
                 Jankinagar, District - Purnea

                                                                                  ... ... Petitioner/s

                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rupesh Kumar, Advocate
                 For the Opposite Party/s :       Mr.Pramod Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   04-05-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                   2. In the present case, the petitioners are

                   apprehending their arrest in connection with Jankinagar P.S.

                   Case No. 03 of 2026 registered for the offences under Sections

                   126(2), 115(2), 109, 303(2), 3(5) of BNS.

                                      3. As per prosecution case, the petitioners and

                   other co-accused persons came to the house of the informant

                   and they were armed with deadly weapons. They forcibly tried

                   to cut the thatched boundary. When the act of the accused

                   persons was opposed, they assaulted the father and uncle of the

                   informant with iron rod and sword causing injury of fracture of
Patna High Court CR. MISC. No.28253 of 2026(2) dt.04-05-2026
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          their head.

                            4. Learned counsel for the petitioners submits that

          the petitioners are innocent and have falsely been implicated in

          this case. It is alleged that the petitioners Manoj Yadav and

          Vinod Yadav assaulted the father and uncle of the informant

          with iron rod and sword, respectively but the injury reports do

          not show any sharp cut injury as injuries are stated to be simple

          caused by hard and blunt substance. Learned counsel further

          submits that there is admitted land dispute between the parties.

          Wife of petitioner no. 1, Ranju Devi, lodged Jankinagar P.S.

          Case No. 14 of 2026 for the offences under Sections 126(2),

          115(2), 303(2), 352, 3(5) of BNS. Before lodging of the counter

          case, a panchayati was held which was not attended by the

          informant's side, who subsequently lodged case against the

          petitioners and others. Learned counsel further submits that the

          parties are agnates and there is pending land dispute between

          them. Earlier Title Suit No. 168 of 1996 was filed against the

          father of the petitioners which was decided on 11.09.2019 in

          favour of the petitioners. Ranju Devi and her husband, i.e.,

          petitioner Manoj Yadav, both received injuries but there is no

          explanation for the same. The informant side is aggressor. Apart

          from some minor injuries, fracture of nasal bone of Suresh
Patna High Court CR. MISC. No.28253 of 2026(2) dt.04-05-2026
                                            3/4




          Yadav and Umesh Yadav has been found to be grievous.

          Learned counsel further submits that the petitioner no. 2 is

          having clean antecedent whereas petitioner no. 1 is having

          antecedent of three cases but all these have been lodged by the

          agnates due to land dispute and in one such case petitioner no. 1

          has been acquitted and the second case has been settled in Lok

          Adalat and in third case, petitioner no. 1 is on bail.

                       5. Learned APP opposes the submission made on

          behalf of the petitioners.

                       6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          case and its counter version and further considering the non-

          serious nature of injuries and also considering the possibility of

          false implication, let the petitioners above named, 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     Judicial         Magistrate,   Ist   Class,

          Purnea/concerned court in connection with Jankinagar P.S. Case

          No. 03 of 2026, subject to the condition as laid down under

          Section 482(2) of the B.N.S.S. and other following conditions:
            Patna High Court CR. MISC. No.28253 of 2026(2) dt.04-05-2026
                                                        4/4




                                                      (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)

    DKS/-

U       T


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