Patna High Court
Munna Yadav @ Munna KumarversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to petitioners 1 and 3 subject to the conditions of Section 438(2) CrPC and Section 482 BNS.
Summary
The petitioners Munna Yadav and Raj Kumar Yadav applied for bail in connection with Mahkar P.S. Case No. 188 of 2024, which alleged offences under sections 80, 238 and 3(5) of the BNS. The second petitioner, Harendar Yadav, withdrew his application. The State opposed the bail, arguing that the allegations warranted continued custody. The Court observed that the two remaining petitioners are merely brother‑in‑law of the deceased and face no direct allegation, and therefore there is no substantive ground to deny bail. Accordingly, the Court granted bail to petitioners 1 and 3 on a bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) of the CrPC and Section 482 of the BNS. The order directs that the bail be effected within four weeks of arrest or surrender before the Additional Chief Judicial Magistrate IV, Gaya.
Issues considered
- Whether the petitioners are entitled to bail under Section 438(2) of the CrPC in view of the allegations under the BNS.
- Whether the opposition by the State justifies denial of bail.
Legislation cited
- BNS — s. 238, 3(5), 482, 80
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- anticipatory bail
- Criminal Procedure Code
- Section 438
- Section 482
- BNS
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42899 of 2025
Arising Out of PS. Case No.-188 Year-2024 Thana- MAHKAR District- Gaya
======================================================
1. Munna Yadav @ Munna Kumar S/O Harendra Prasad Yadav R/O Village-
Jagdiha, P.S.- Mahakar, District- Gaya
2. Harendar Yadav @ Hailendra @ Halendra Yadav S/O Rameshar Yadav R/O
Village- Jagdiha, P.S.- Mahakar, District- Gaya
3. Raj Kumar Yadav @ Raj Kumar S/O Rameshar Yadav R/O Village- Jagdiha,
P.S.- Mahakar, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Syed Asgher Najmi, Adv
For the Opposite Party/s : Mr. Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in connection
with Mahkar P.S.Case No.188 of 2024 registered for the offence
under sections 80, 238, 3(5) of BNS.
3. After some argument, learned counsel for the
petitioners prays for withdrawal of the application with respect
to petitioner no. 2.
4. Permission is granted.
5. So far as petitioner no. 1 and 3 are concerned , they
are the ( brother-in-law) of the deceased and there is no direct
Patna High Court CR. MISC. No.42899 of 2025(3) dt.20-02-2026
2/2
allegation against them.
6 Learned counsel for the State has opposed the bail
application of the petitioners.
7. Considering the aforesaid facts, the application is
allowed.
8. Let the petitioner nos 1 and 3 above named, in the
event of their arrest or surrender before the concerned Court
below within four weeks from today, be released on bail on
furnishing bail bond of Rs. 10,000/- ( ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Additional Chief Judicial Magistrate IV, Gaya / concerned court
below in connection with Mahkar P.S.Case No. 188 of 2024,
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973/ Section 482 of the BNSS.
(Sandeep Kumar, J)
N.K/-
U T
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