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Patna High Court

Munna YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner with specified conditions.

Summary

Munna Yadav was arrested in connection with a violent land dispute that resulted in the death of Devendra Yadav and injuries to several others, and was charged under sections 302, 307, 147, 148, 149 of the IPC and sections 25(1‑B)(a), 26, 27, 35 of the Arms Act. He has been in custody since 9 January 2023, but the charge was only framed on 6 January 2026, causing a delay of more than three years without trial. The petitioner contended that he was falsely implicated due to the land dispute and sought regular bail, offering to cooperate with the trial and accept conditions. The State opposed the bail on the seriousness of the offences. The High Court, after considering the prolonged detention, the recent framing of charges, and the petitioner’s willingness to comply, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding presence in court and a relative as a bailor. The bail may be cancelled if the petitioner fails to appear without satisfactory reason.

Issues considered

  • Whether regular bail should be granted to an accused who has been in custody for over three years and is charged with murder, attempt to murder and offences under the Arms Act.
  • Whether the delay in framing charges and the claim of false implication justify bail despite the seriousness of the offences.

Legislation cited

Subjects

  • bail
  • murder
  • attempt to murder
  • Arms Act
  • IPC
  • land dispute
  • prolonged detention
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74555 of 2025
                  Arising Out of PS. Case No.-68 Year-2018 Thana- PAHARPUR District- East Champaran
                 ======================================================
                 Munna Yadav S/o Kishundev Yadav R/O Vill.- Majhariya, P.S.- Malahi, Dist.-
                 East Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rajendra Narain, Sr. Advocate
                                                 Mr. Jainendra Kumar Pushkar, Advocate
                 For the Opposite Party/s :      Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

7   16-01-2026                      Heard learned counsel for the parties.

                                    2. The petitioner has renewed his prayer for grant

                   of regular bail in connection with Sessions Trial no.681 of 2023

                   (arising out of Paharpur P.S. Case no. 68 of 2018) registered

                   under sections 302, 307, 147, 148 and 149 of the Indian Penal

                   Code and sections 25(1-B)(a), 26, 27 and 35 of the Arms Act.

                                    3. As per the prosecution case, the informant states

                   that the ten named accused persons including the petitioner

                   herein along with 2-3 unknown accused persons came variously

                   armed and started to plough the land of the informant. On the

                   informant asking them not to plough the land, it is stated that on

                   the orders of co-accused Kishun Dev Yadav, the petitioner fired

                   from his rifle hitting Devendra Yadav on his nose as a result of
Patna High Court CR. MISC. No.74555 of 2025(7) dt.16-01-2026
                                            2/3




          which he fell down and died. Sonu Yadav and Rupesh Yadav are

          also said to have resorted to indiscriminate firing as a result of

          which several persons were injured. The local police reached the

          place of occurrence and took the tractor in their possession.

                          4. It is submitted by learned Senior counsel for the

          petitioner that the petitoner has been falsely implicated in the

          case. The cause of false implication is the land dispute between

          the parties. Inspite of the petitioner being in custody for more

          than 3 years since 9.1.2023, the trial in the learned trial Court is

          not proceeding and there is no chance of the same concluding

          the the near future. Referring to the supplementary affidavit

          filed on behalf of the petitioner on 15.1.2026 it is submitted that

          charge was framed against the petitioner and others only on

          6.1.2026, the same being under sections 302/149/307/149/147

          and 148 of the Indian Penal Code and sections 25(1-B)(a), 26,

          27 and 35 of the Arms Act. It is submitted that petitioner

          undertakes to cooperate in the trial and to abide by any

          conditions which may be laid by this Court for his release on

          bail.

                          5. The application for bail is opposed by learned

          APP for the State.

                       7. Having heard learned counsel for the parties and
            Patna High Court CR. MISC. No.74555 of 2025(7) dt.16-01-2026
                                                        3/3




                      taking into consideration the allegations against the petitioner

                      in the FIR, the petitioner having remained in custody for more

                      than 3 years since 9.1.2023 and charge having been framed in

                      the learned trial Court on 6.1.2026, in the facts of the case, the

                      Court directs the petitioner to be enlarged on bail in connection with

                      Sessions Trial no. 681 of 2023 (arising out of Paharpur P.S. Case no.

                      68 of 2018 on furnishing bail bond of Rs.10,000/ (Rupees Ten

                      Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned District and Additional Sessions Judge-

                      10, East Champaran, Motihari on the following conditions:

                                   1. One of the bailors of the petitioner shall be the

                      father/close relative of the petitioner.

                                   2. The petitioner shall remain physically present in

                      Court on each date of the trial and shall cooperate in the trial.

                                   3. In case, the petitioner is absent on any single date

                      for reasons not to the satisfaction of the the learned trial Court,

                      the learned trial Court may cancel the bail bond of the petitioner

                      and take him into custody till conclusion of the trial.



                                                  (Partha Sarthy, J)
Bibhash/-

U


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