Patna High Court
Manoj Yadav @ Manoj Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
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
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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:
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(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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