Patna High Court
Mohan Kumar Yadav @ Sunil Kumar Yadav @ Mohan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner with specified conditions.
Summary
Mohan Kumar Yadav was arrested in connection with a FIR (PS Case No. 413 of 2025) alleging multiple offences including assault, firing, and violations under the Bihar Negotiable Securities Act, 2023 and the Arms Act. The prosecution alleged that the petitioner, along with co‑accused, assaulted the informant’s family and fired upon them, causing injuries. The petitioner contended that he was falsely implicated because he is the son of a co‑accused, that the allegations against him were vague and non‑specific, and that he is a student preparing for competitive exams. He had been in custody since 13 November 2025 and sought bail, arguing lack of concrete evidence linking him to the alleged acts. The court, noting the non‑specific nature of the accusations and the petitioner’s period of custody, granted bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 480(3) of the B.N.S.S.
Issues considered
- Whether bail should be granted to the petitioner given the vague and non‑specific allegations against him
- Whether the conditions imposed under Section 480(3) of the B.N.S.S. are appropriate
Legislation cited
Subjects
- bail
- criminal procedure
- vague allegations
- land dispute
- Arms Act
- Bihar Negotiable Securities Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6684 of 2026
Arising Out of PS. Case No.-413 Year-2025 Thana- PHULPARAS District- Madhubani
======================================================
Mohan Kumar Yadav @ Sunil Kumar Yadav @ Mohan Yadav S/o- Shiv
Kumar Yadav, R/o village - Hariyari , P.S.- Phulparas , District - Madhubani.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in
connection with Phulparas P.S. Case No. 413 of 2025 dated
30.09.2025, registered for the offences punishable under
Sections 190, 191(2), 191(3), 109(1), 115(2), 117(2), 118(2), 74,
76, 351(2), 351(3), 352 and 49 of the B.N.S., 2023 and Section
27 of the Arms Act.
3. As per the prosecution case, over shifting of
ridge, the husband of the informant and her brother-in-law were
assaulted by the petitioner and other co-accused persons. When
the informant and her family members went for their rescue,
they were also assaulted. The co-accused persons fired upon the
informant and her family members and the brother-in-law of the
Patna High Court CR. MISC. No.6684 of 2026(2) dt.04-02-2026
2/3
informant received pellet injury in his back and other parts of
the body.
4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and he has falsely
been implicated in the present case. No specific overt act has
been attributed to the petitioner and allegations are general and
omnibus except for allegation of firing against co-accused
persons. Altogether 9 persons have been made accused in this
case including the petitioner and from the contents of the FIR, it
appears the specific allegations are against the co-accused Shiv
Kumar Yadav, Krishna Yadav and Ganga Yadav. The petitioner
has been roped in this case merely because he is son of the co-
accused Shiv Kumar Yadav and he is a student and is preparing
for competitive examinations. Land dispute is apparent from the
FIR and in this background this false case has been lodged.
Learned counsel next submits that petitioner is having
antecedent of one case and is in custody since 13.11.2025.
5. Learned A.P.P. appearing on behalf of the State
opposes the submissions made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
non-specific and vague nature of allegation against the
Patna High Court CR. MISC. No.6684 of 2026(2) dt.04-02-2026
3/3
petitioner and also considering his period of custody, the
petitioner, above-named, is directed to be released on bail, on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) with two sureties of the like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate-II,
Jhanjharpur / concerned Court, in connection with Phulparas
P.S. Case No. 413 of 2025, subject to the condition laid down
under Section 480(3) of the B.N.S.S. and other following
conditions:
(i) One of the bailors will be a close relative of the
petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below, if so required by the learned
trial Court.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court concerned.
(Arun Kumar Jha, J)
Shahnawaz/-
U T
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