Patna High Court
Munnilal Yadav @ Munnilal @ Kaushal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners subject to conditions under Section 482(2) of the B.N.S.
Summary
The petitioners, three relatives involved in a land dispute, sought anticipatory bail fearing arrest in a case alleging assault, robbery and other offences under various sections of the B.N.S. The prosecution alleged that the accused assaulted an informant and her family, using weapons and snatching a gold mangalsutra worth Rs. 60,000. The petitioners contended they were innocent, the allegations were general and omnibus, and they had clean antecedents. The State opposed the bail. The Court, noting the vague nature of the accusations and the petitioners' clean records, granted anticipatory bail subject to conditions. The order directed that if arrested within eight weeks, each petitioner be released on bail upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to Section 482(2) of the B.N.S.
Issues considered
- Whether anticipatory bail should be granted in a case with general and omnibus allegations of assault and robbery
- Whether the petitioners' clean antecedents justify bail despite the seriousness of the alleged offences
Legislation cited
- B.N.S. — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 74, 76
Subjects
- anticipatory bail
- criminal procedure
- Section 482
- general allegations
- clean antecedents
- land dispute
- assault
- robbery
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5184 of 2026
Arising Out of PS. Case No.-358 Year-2025 Thana- GHORASAHAN District- East
Champaran
======================================================
1. Munnilal Yadav @ Munnilal @ Kaushal Kumar S/o Mahendra Rai @
Mahendra Roy @ Mahendra Yadav R/o Village - Gidhona, P.S -
Ghorasahan, District - East Champaran
2. Chhotelal Yadav S/o Mahendra Rai @ Mahendra Roy @ Mahendra Yadav
R/o Village - Gidhona, P.S - Ghorasahan, District - East Champaran
3. Sonu Kumar S/o Ganjendra Rai @ Gajendra Ray R/o Village - Gidhona, P.S
- Ghorasahan, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Jitendra Kumar, Advocate
For the State : Ms. Madhuri Lata, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 03-02-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 118(1), 109, 74, 76, 303(2), 352, 351(2) and 3(5) of the
B.N.S..
3. As per prosecution case, it is alleged that all the
F.I.R. named accused persons, including these petitioners,
assaulted informant and her family members by means of daab,
iron rod and danda. It is further alleged that the accused persons
also snatched gold Mangalsutra worth RS. 60,000/- from the
Patna High Court CR. MISC. No.5184 of 2026(2) dt.03-02-2026
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neck of informant.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Both parties are close relatives of
each other and on account of land dispute, a simple maar-peet
took place between the parties. Allegation of assault is general
and omnibus and no specific accusation of overt act has been
alleged against these petitioners. Rest of the allegations are
ornamental in order to make the case grave. Petitioners claim
clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioners, the prayer for grant of
anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned A.C.J.M., Sikrahna at
Patna High Court CR. MISC. No.5184 of 2026(2) dt.03-02-2026
3/3
Dhaka, East Champaran in connection with Ghorasahan P.S.
Case No. 358 of 2025, subject to condition as laid down under
Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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