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Patna High Court

Mrityunjay YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, finding no sufficient ground to deny release pending trial.

Summary

Mrityunjay Yadav was arrested in connection with a case registered under multiple sections of the Bihar Non‑Statutory (BNS) provisions and Section 27 of the Arms Act, alleging that he and others abused and outraged the modesty of an informant. The petitioner claimed innocence, asserting that the allegations were fabricated due to a land dispute and that the FIR was lodged two days after the incident without a plausible explanation. The State opposed bail, while the petitioner’s counsel highlighted the lack of incriminating material and the general nature of the accusations. The court noted that three co‑accused had already been granted anticipatory bail in a related matter (Cr. Misc. No. 65342 of 2025). Considering these factors, the court granted bail to the petitioner upon furnishing a bail bond of Rs. 10,000 with two sureties of equal amount.

Issues considered

  • Whether the petitioner is entitled to bail despite the serious nature of the offences alleged under the BNS and Arms Act.
  • Whether the delay in filing the FIR and the alleged motive of a land dispute affect the bail application.
  • Whether the grant of anticipatory bail to co‑accused influences the bail decision for the petitioner.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • FIR delay
  • anticipatory bail
  • BNS provisions
  • Arms Act
  • land dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2947 of 2026
                        Arising Out of PS. Case No.-81 Year-2025 Thana- MANSI District- Khagaria
                 ======================================================
                 Mrityunjay Yadav, aged about 39 years, Male, Son of Chhatri Yadav, Resident
                 of Village- Dhamhara, P.S.- Mansi, District- Khagaria.
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Priyanshu Ranjan, Advocate
                 For the Opposite Party/s :        Mr. Gauri Shankar Gupta, APP
              ======================================================
             CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
                                    ORAL ORDER

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

                   APP for the State.

                                2. The petitioner seeks bail in connection with Mansi

                   P.S. Case No. 81 of 2025 instituted for the offences punishable

                   under Sections 115(2), 126(2), 326(F), 352, 351(2), 351(3),

                   303(2), 74, 329(4), 110 and 3(5) of the BNS and Section 27 of

                   the Arms Act.

                                3. As per the prosecution case, petitioner and others

                   came to the house of the informant and started abusing in filthy

                   language and outrage the modesty of the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence and has

                   falsely been implicated in this case due to land dispute attributed

                   between the parties. He submits that the allegation against the

                   petitioner is false, concocted and baseless and the petitioner has
Patna High Court CR. MISC. No.2947 of 2026(2) dt.28-01-2026
                                            2/3




          got no concerned with the alleged occurrence. He next submits

          that nothing incriminating articles has been recovered from the

          conscious possession of the petitioner and the allegation against

          him is general and omnibus in nature. He lastly submits that

          there is case and counter case attributed against them. He again

          submits that the FIR has been lodged after a delay of two days

          of the occurrence but there is no any plausive explanation in this

          regard. Petitioner is in judicial custody since 17.11.2025.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner.

                       6. From perusal of the FIR and impugned order of the

          learned District and Additional Sessions Judge-1st, Khagaria

          dated 10.12.2025, it appears that petitioner is named in the FIR.

          From perusal of the records, it appears that on the basis of

          written report of the informant, FIR has been registered under

          Sections 115(2), 126(2), 326(F), 352, 351(2), 351(3), 303(2), 74,

          329(4), 110 and 3(5) of the BNS and Section 27 of the Arms Act

          against nine co-accused persons including the present petitioner

          and the allegation is that he came to the house of the informant

          with others co-accused persons and started abusing in filthy

          language and outrage the modesty of the informant. Similarly

          situated co-accused persons namely Umesh Yadav, Sakaldeo
            Patna High Court CR. MISC. No.2947 of 2026(2) dt.28-01-2026
                                                        3/3




                      Yadav and Chandradeo Yadav have been granted anticipatory

                      bail by a Bench of this Court in Cr. Misc. No. 65342 of 2025

                      vide order dated 25.11.2025, so considering all these aspects of

                      the case and submission of learned counsel for the petitioner, I

                      am inclined to grant bail to the petitioner.

                                   7. Accordingly, let the petitioner above named be

                      released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

                      Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Chief Judicial Magistrate, Khagaria in

                      connection with Mansi P.S. Case No. 81 of 2025.


                                                                (Ramesh Chand Malviya, J)

Anand Kr.

U     T


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