Patna High Court
Manu Yadav @ Charan Yadav @ Abhimanyu KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to all petitioners except petitioner No. 2 and dismissed the application of petitioner No. 2 as withdrawn, allowing him to surrender for regular bail.
Summary
The petitioners, five Yadavs, feared arrest in connection with PS Asawn Case No. 39 of 2026, which alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023. They applied for anticipatory bail and, for petitioner No. 2, sought permission to withdraw the application and surrender for regular bail. The Court allowed the withdrawal of petitioner No. 2’s application, granting him liberty to surrender before the lower court. For the remaining petitioners, the Court found the allegations to be general and omnibus and granted anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and surrender within four weeks, under Section 482(2) of the BNSS. The Court clarified that its observations were prima facie and would not affect the merits of the trial. The application was therefore partly allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners (except petitioner No. 2) under the Bharatiya Nyaya Sanhita, 2023.
- Whether the application filed on behalf of petitioner No. 2 can be withdrawn with liberty to surrender before the lower court.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 117(2), 126(2), 3(5), 351(2), 352, 482(2), 74
Subjects
- anticipatory bail
- bail bond
- Section 482
- Bharatiya Nyaya Sanhita
- criminal procedure
- withdrawal of application
- prima facie observation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38182 of 2026
Arising Out of PS. Case No.-39 Year-2026 Thana- ASANWA District- Siwan
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1. Manu Yadav @ Charan Yadav @ Abhimanyu Kumar son of Vishnu Yadav
@ Bishun Yadav Resident of Village -Katwar Police Station- Asaon
(Asawn), District- Siwan
2. Dhiraj Yadav @ Dheeraj Yadav @ Dheeraj Kumar Son of Banaras Yadav
Resident of Village -Katwar Police Station- Asaon (Asawn), District- Siwan
3. Gulshan yadav @ Gulshan Kumar son of Oshihar Yadav Resident of Village
-Katwar Police Station- Asaon (Asawn), District- Siwan
4. Badshah yadav Son of Motiwar Yadav @ Matibar yadav Resident of Village
-Katwar Police Station- Asaon (Asawn), District- Siwan
5. Vishnu Yadav @ Bishun Yadav son of Motiwar yadav @ Matibar Yadav
Resident of Village -Katwar Police Station- Asaon (Asawn), District- Siwan
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Advocate
Mr. Karandeep Kumar
For the Opposite Party/s : Dr. Kumar Uday Pratap
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard the learned counsel for the petitioners and
learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Asaon (Asawn) P.S. Case No. 39 of 2026 registered for offences
under Sections 126(2), 115(2), 117(2), 74, 352, 351(2) and 3(5)
of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioners are
accused of assaulting the victim.
4. At the very outset, the learned counsel for the
Patna High Court CR. MISC. No.38182 of 2026(2) dt.16-06-2026
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petitioners seeks permission to withdraw this application filed
on behalf of petitioner no. 2 (Dhiraj Yadav @ Dheeraj Yadav @
Dheeraj Kumar) with liberty to surrender before the Court
below and seek regular bail.
5. Permission, as prayed, is granted.
6. Accordingly, the application filed on behalf of
petitioner no. 2 (Dhiraj Yadav @ Dheeraj Yadav @ Dheeraj
Kumar) is hereby dismissed as withdrawn with the aforesaid
liberty.
7. So far as other petitioners are concerned, it is
submitted that they are quite innocent and have not committed
any offence. It is also submitted that there are general and
omnibus allegations against them.
8. Considering the facts and circumstances of the case
and the general and omnibus allegation against the petitioners
(except the petitioner no. 2), their prayer for anticipatory bail is
allowed.
9. Accordingly, let the petitioners, above-named
(except the petitioner no. 2), in the event of their arrest or
surrender within four weeks from today in the Court below, be
released on bail on furnishing bail bonds of Rs.10,000/- (Rupees
ten thousand) each with two sureties of the like amount each to
Patna High Court CR. MISC. No.38182 of 2026(2) dt.16-06-2026
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the satisfaction of the learned Court below where the case is
pending/successor court in connection with Asaon (Asawn) P.S.
Case No. 39 of 2026 subject to the conditions as laid down
under Section 482(2) of the BNSS.
10. It is made clear that any observation made herein
is prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
11. Accordingly, this application is partly allowed.
(Sandeep Kumar, J)
Shishir/-
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