Patna High Court
Manoj Yadav @ Manoj Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond and conditions under the BNS, 2023.
Summary
Manoj Yadav, a 63‑year‑old resident of Madhepura, sought anticipatory bail after an FIR (Madhepura PS Case No. 109 of 2026) was lodged under several sections of the Bhartiya Nyaya Sanhita, 2023, alleging that he and others assaulted an informant with lathis, iron rods and hockey sticks. The prosecution named two known accused and one unknown, but the petitioner’s counsel argued that the specific allegation pertained only to co‑accused Manish Kumar and that no overt act could be attributed to Yadav, who was implicated due to personal enmity. The State’s assistant public prosecutor contended that there was no specific charge against Yadav except his presence at the scene. Considering Yadav’s advanced age and the lack of direct involvement, the court granted anticipatory bail, directing him to furnish a bail bond of Rs 30,000 under Section 2(1)(d) of the BNS, 2023 and comply with conditions under Section 482(2).
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the Bhartiya Nyaya Sanhita, 2023 given the absence of a specific allegation of participation in the alleged assault.
- Whether the petitioner’s age and lack of overt act justify the grant of bail despite the FIR naming him.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 126(2), 2(1)(d), 303(2), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- assault
- age factor
- Bhartiya Nyaya Sanhita
- Section 482
- Section 2(1)(d)
- Madhepura
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36046 of 2026
Arising Out of PS. Case No.-109 Year-2026 Thana- MADHEPURA District- Madhepura
======================================================
Manoj Yadav @ Manoj Kumar Yadav S/O - Late Balram Yadav R/O Vill.-
Madhepura, Ward No.- 18, P.s. And District – Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nafisu Zzoha, Advocate
For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 01-06-2026 Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
2. The petitioner is apprehending arrest in connection
with Madhepura P.S. Case No. 109 of 2026, dated 30.01.2026,
lodged under Sections 126(2), 115(2), 109, 117(2), 303(2), 352,
351(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023
(hereinafter referred to as “BNS, 2023”).
3. As per the prosecution, the FIR has been lodged
against two named and one unknown accused persons, including
the present petitioner, alleging that all the accused persons
surrounded the informant and started assaulting him on his head
and nose with lathis, iron rod and hockey sticks, due to which
bleeding started.
Patna High Court CR. MISC. No.36046 of 2026(2) dt.01-06-2026
2/3
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
further submits that the specific allegation is against one co-
accused, namely, Manish Kumar, and not against the present
petitioner. Counsel further submits that there is neither any act
nor any overt act attributed to the present petitioner. Counsel
further submits that the name of the present petitioner has been
implicated only on account of the enmity between the informant
and the co-accused, Manish Kumar. Counsel further submits
that the criminal antecedent of the petitioner is not clean and
one criminal case is pending against him, in which he is on bail.
Counsel also submits that the petitioner is ready to fulfil all
conditions as may be imposed upon him.
5. Learned A.P.P. for the State opposes the prayer for
bail of the petitioner but fairly submits that there is no specific
allegation against the petitioner except regarding his presence at
the place of occurrence.
6. Considering the facts and circumstances of the
present case, specifically the age of the petitioner, which is
about 63 years, and the absence of any act or overt act attributed
to him, let the above-named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Patna High Court CR. MISC. No.36046 of 2026(2) dt.01-06-2026
3/3
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of C.J.M., Madhepura, in connection with
Madhepura P.S. Case No. 109 of 2026, subject to the conditions
as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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