Patna High Court
Manohar Kumar Yadav @ Manohar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioners with conditions under Section 438(2) of the CrPC.
Summary
The petitioners, Manohar Kumar Yadav and his brothers, were implicated in a FIR (Ghanshyampur PS case no. 334/2025) alleging assault, outraging modesty, and theft, with charges under several IPC sections. They contended that the FIR was exaggerated due to an underlying land dispute and that the injury reported was simple, emphasizing their clean criminal record. The State opposed anticipatory bail, arguing that the accused had jointly assaulted the victim. The Court, noting the lack of prior convictions and the minor nature of the injury, decided to grant anticipatory bail under Section 438(2) of the CrPC, subject to stringent conditions including a bail bond of Rs.10,000 each, sureties, regular court appearances, and a payment of Rs.2,000 each towards medical assistance. The order also imposed conditions to prevent witness tampering and further offences. Consequently, the petition for anticipatory bail was allowed with the stipulated terms.
Issues considered
- Whether anticipatory bail under Section 438 of the Criminal Procedure Code should be granted to the accused in view of the nature of the offences and their claim of a fabricated FIR.
Legislation cited
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438
- Criminal Procedure Code
- assault
- outraging modesty
- land dispute
- bail conditions
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31769 of 2026
Arising Out of PS. Case No.-334 Year-2025 Thana- GHANSHYAMPUR District- Darbhanga
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1. Manohar Kumar Yadav @ Manohar Yadav S/O Kari Yadav R/O Vilage-
Mishroliya, P.S.- Ghanshyampur, Dist.- Darbhanga.
2. Pramod Kumar Yadav S/O Baleshwar Yadav R/O Vilage- Mishroliya, P.S.-
Ghanshyampur, Dist.- Darbhanga.
3. Paramanand Yadav S/O Uge Yadav R/O Vilage- Mishroliya, P.S.-
Ghanshyampur, Dist.- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nafisu Zzoha, Adv.
For the Opposite Party/s : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 13-05-2026 Heard Mr. Nafisu Zzoha, learned Counsel for the
petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection
with Ghanshyampur P.S. case no. 334/2025 for the offence
registered under sections 109, 115(1), 124(2), 115(2), 253,
304(1), 309(1), 129, 61, 102 B.N.S.
3. As per the prosecution story, the allegation is that
earlier, the wall of the house was broken by JCB and later, they
came on 09.07.2025, armed variously and assault took place.
The allegation of outraging the modesty and taking away
ornament are also there in the FIR. This led to the present case.
Patna High Court CR. MISC. No.31769 of 2026(2) dt.13-05-2026
2/4
4. Learned Counsel for the petitioner submits that due
to land dispute, exaggerated FIR is there. Further, the injury
report of Krishna Kumar Sahu shows that it is simple in nature.
The petitioners do not have criminal antecedent and lastly,
without accepting the allegation and/or the outcome of the
present petition, the petitioner on its own would like to
contribute towards the medical assistance of Rs. 2,000/- each
(totaling Rs. 6,000/-) through Demand Draft issued by the local
branch of the State Bank of India/any Nationalized Bank to be
submitted before the ‘NAZARAT’ of concerned Court to be
handed over to the informant after checking the credentials.
5. Learned APP for the State, on the other hand,
opposes the prayer for anticipatory bail submitting that they
have jointly assaulted the victim.
6. Considering the submissions of the parties as also
the fact that the petitioners do not have criminal antecedent and
injury has been found to be simple in nature, in that background,
this Court is inclined to grant him the anticipatory bail with
conditions subject to payment of Rs. 2,000/- each (totaling Rs.
6,000/-) as undertaken by the learned counsel for the petitioners
to be paid by Demand Draft of local branch of the State Bank of
India/any Nationalized Bank to be submitted to the Trial Court.
Patna High Court CR. MISC. No.31769 of 2026(2) dt.13-05-2026
3/4
7. Let the petitioners in the event of arrest or
surrender within a period of four weeks from the date of receipt
of the order, shall be released on anticipatory bail on furnishing
bail of Rs. 10,000/- (ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned JMFC, Sri
R.K.Deepak, Biraul, Darbhanga in connection with
Ghanshyampur P.S. Case no. 334/2025 subject to condition as
laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioners, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID)
to show their bona fide;
(ii) the petitioners shall appear on each and every date
before the Trial court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of their
bail bond by the Trial court itself;
(iii) the petitioners shall appear before the concerned
police station every fortnight for next six months to mark
attendance and at the end of the period, the certificate be
submitted to the Court;
(iv) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
Patna High Court CR. MISC. No.31769 of 2026(2) dt.13-05-2026
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failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioners shall desist from committing any
criminal offence again failing which the State shall be at liberty
to take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay
Singh/Sanny Patel
U T
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