Patna High Court
Munilal YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioner subject to conditions.
Summary
Munilal Yadav was named in an FIR for assaulting an informant’s son under several provisions of the Bhartiya Nyay Sanhita, 2023. He argued that the dispute arose from a neighbourhood quarrel, the injuries were simple, and no criminal case was filed by his side, negating any intention to cause death. The State opposed his request for anticipatory bail, noting his involvement in another criminal case. The court examined the medical report and concluded that the nature of injury did not indicate an intention to cause death. Consequently, the court ordered that the petitioner be released on anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances
- Whether the nature of the injury demonstrates an intention to cause death under the charged sections
- Whether the petitioner’s prior criminal case affects the grant of anticipatory bail
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 109, 115(2), 126(2), 303, 3(5), 351(2), 352
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- assault
- injury
- Bhartiya Nyay Sanhita
- Criminal Procedure Code
- Bhartiya Nagarik Suraksha Sanhita
- intent to cause death
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40768 of 2026
Arising Out of PS. Case No.-21 Year-2026 Thana- BANNUBAGICHA District- Lakhisarai
======================================================
Munilal Yadav Son of Late Prasad Yadav Resident of Village- Jankidih
(Beldariya), P.S.- Bannu Bagicha, District- Lakhisarai
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Bhim Sen Prasad, Advocate
For the Opposite Party/s : Mr.Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending his arrest in connection with Bannu Bagicha
P.S. Case No. 21 of 2026 registered for the offences
punishable under Sections 115(2), 126(2), 352, 351(2), 303,
109 & 3(5) of the Bhartiya Nyay Sanhita, 2023 (in short,
the ‘B.N.S.’).
3. The allegation against the petitioner is to assault
the informant and her son namely, Surendra Yadav during
the course of occurrence, where other named co-accused
persons alleged to assault the family members of the
informant.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.40768 of 2026(2) dt.24-06-2026
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petitioner submitted that the occurrence took place due to
neighbourhood dispute and differences, where both parties
received injury, but fairly conceded that no any criminal
case was initiated by the petitioner’s side against the
informant and others for the same occurrence. It is
submitted that upon medical examination, nature of injury,
as alleged to be inflicted by this petitioner upon Surendra
Yadav, found simple in nature, negating intention to cause
death.
5. Explaining criminal antecedent, it is submitted
that petitioner found involved in one more criminal case, in
which he is on bail.
6. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
7. In view of the aforesaid factual submissions and
by taking note of the fact as the injury as alleged to inflicted
by the petitioner on the son of the informant, upon medical
examination, found simple in nature, prima facie negate the
intention to cause death, accordingly, above-named
petitioner, in the event of his arrest/surrender within a
period of four weeks from this order, is directed to be
Patna High Court CR. MISC. No.40768 of 2026(2) dt.24-06-2026
3/3
enlarged on bail on furnishing of bail bond of Rs.10,000/-
(ten thousand only) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate 1 st
Class, Lakhisarai/concerned court in connection with Bannu
Bagicha P.S. Case No. 21 of 2026, subject to the conditions
as laid down under Section 438(2) of the Cr.P.C/Section
482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short
“B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
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