Patna High Court
Mrityunjay YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
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
- Arms Act — s. 27
- Bihar Non‑Statutory (BNS) — s. 110, 115(2), 126(2), 303(2), 326(F), 329(4), 3(5), 351(2), 351(3), 352, 74
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
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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
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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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