Patna High Court

Munna Yadav @ Munna KumarversusThe State of Bihar

Decided: 28 January 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The Court granted conditional anticipatory bail to the petitioners.

Summary

The petitioners, Munna Yadav and others, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 110, 74, 352 and 3(5) of the B.N.S. The FIR alleged that they assaulted the informant’s daughter‑in‑law in a scuffle arising from a dispute, causing only simple injuries and no weapon was used. The petitioners argued that the incident was a minor altercation and the FIR was lodged after a two‑day delay. The State opposed the bail application. The Court, noting the absence of weapons, the minor nature of injuries and the fact that the matter was essentially a private dispute, granted conditional anticipatory bail, requiring the petitioners to surrender within four weeks, furnish a bail bond of Rs.10,000 with two sureties, and comply with conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.

Issues considered

Whether anticipatory bail should be granted to the petitioners under Section 438 of the Criminal Procedure Code and Section 482(2) of the B.N.S.S. in a case of simple assault without weapon.

Legislation cited

B.N.S.S. — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
assault
simple injuries
FIR delay
Section 438
Section 482
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2892 of 2026
                       Arising Out of PS. Case No.-544 Year-2025 Thana- GHOSI District- Jehanabad
                 ======================================================
           1.     Munna Yadav @ Munna Kumar S/o Bindeshwar Yadav R/o Village -
                  Shekhpura, P.S - Ghoshi, District - Jehnanabad
           2.    Rubi Devi W/o Bhushan Yadav @ Bhooshan Kumar R/o Village -
                 Shekhpura, P.S - Ghoshi, District - Jehnanabad
           3.    Bindeshwar Yadav S/o Late Kali Yadav R/o Village - Shekhpura, P.S -
                 Ghoshi, District - Jehnanabad
           4.     Kiran Devi W/o Munna Yadav R/o Village - Shekhpura, P.S - Ghoshi,
                  District - Jehnanabad
                                                                      ... ... Petitioner/s
                                             Versus
                 The State of Bihar                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Paras Nath
                 For the Opposite Party/s :       Mr. Parmanand Kumar
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   28-01-2026                  Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioners are apprehending their arrest in a

                   case registered for the offence punishable under Sections

                   126(2), 115(2), 110, 74, 352, 3(5) of the B.N.S.

                                3. The allegation in the first information report is that

                   the accused persons indulged in assaulting the informant and

                   others causing injuries.

                                4. Learned counsel for the petitioners submits that a

                   dispute with regard to referring the informant’s daughter-in-law

                   as witch led to a scuffle having taken place between both the

                   parties due to which both sides sustained simple injuries. There
             Patna High Court CR. MISC. No.2892 of 2026(2) dt.28-01-2026
                                                         2/2




                       are general and omnibus allegations of assault upon the

                       daughter-in-law of the informant with fists and legs and no

                       weapon is said to be used. Further more, the FIR has also been

                       lodged after a delay of two days and the injury report Annexure-

                       P/2 indicates that the injuries are simple in nature.

                                    5. Learned APP for the State has opposed the

                       application for anticipatory bail.

                                        6. Taking into consideration the facts and

                       circumstances and also considering the fact that no weapons

                       have been used in the assault and the matter relates to scuffle

                       between the parties leading to simple injuries, let the above

                       named petitioners, in the event of their arrest or surrender before

                       the learned Court below within a period of four weeks from

                       today, be enlarged on bail on furnishing bail bond of Rs.10,000/-

                       (Rupees Ten Thousand) each with two sureties of the like

                       amount each to the satisfaction of the learned court below where

                       the case is pending/successor court in connection with Ghoshi

                       P.S. Case No. 544 of 2025, subject to the condition as laid down

                       under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.


                                                 (Soni Shrivastava, J)
devendra/-
U      T

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