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Patna High Court

Manohar Kumar Yadav @ Manohar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
           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
                                                        4/4




                      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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