Patna High Court
Mantosh Yadav@Mantus YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- SHAILENDRA SINGH
Holding
The Court held that anticipatory bail could not be granted to the petitioners and rejected their prayer.
Summary
Mantosh Yadav and Santosh Yadav applied for anticipatory bail after an FIR (Hisua P.S. Case No. 447 of 2025) was lodged against them for multiple offences under the Bharatiya Nyaya Sanhita, including assault, grievous hurt, criminal intimidation and robbery. The prosecution alleged that the petitioners, along with co‑accused, assaulted Subodh Yadav with iron rods, causing fractures and a grievous knee injury, and also participated in a violent mob attack on the informant’s family. The petitioners argued that the injury to Subodh Yadav was not grievous, citing a medical report, and contended that the FIR also named many other accused. The State opposed the grant of anticipatory bail, emphasizing the seriousness of the allegations and the petitioners’ criminal antecedents. The Court, after considering the specific allegations and the petitioners’ prior record, declined to grant anticipatory bail, rejecting the petition.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita in view of the alleged assault and criminal antecedents.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 351(2), 351(3), 352, 74
Subjects
- anticipatory bail
- criminal antecedents
- assault
- grievous injury
- Bharatiya Nyaya Sanhita
- bail denial
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8122 of 2026
Arising Out of PS. Case No.-447 Year-2025 Thana- HISUWA District- Nawada
======================================================
1. Mantosh Yadav@Mantus Yadav Son of Babulal Yadav R/o Village -
Nasratpur Phulwaria, P.S - Hisua, District - Nawadah.
2. Santosh Yadav Son of Babulal Yadav R/o Village - Nasratpur Phulwaria, P.S
- Hisua, District - Nawadah.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Kumar, Advocate
For the Opposite Party/s : Mrs. Rina Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 24-02-2026 Heard learned counsel for the Petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in connection
with Hisua P.S. Case No. 447 of 2025 dated 31.07.2025
registered for the offences punishable under Sections 126(2),
115(2), 117(2), 118(1), 109(1), 74, 303(2), 352, 351(2), 351(3)
and 3(5) of the Bharatiya Nyaya Sanhita.
3. The prosecution case, in brief, is that on 31.07.2025
at about 6:00 A.M., the informant Sukhdev Yadav found the
accused persons forcibly ploughing his land and, despite police
intervention restraining both sides, they formed an unlawful
assembly and attacked the informant’s family with deadly
weapons. Specific allegations against petitioner no. 1, Mantosh
Patna High Court CR. MISC. No.8122 of 2026(2) dt.24-02-2026
2/3
Yadav @ Mantus Yadav, and petitioner no. 2, Santosh Yadav, are
that they along with Mukesh Yadav, assaulted Subodh Yadav
with iron rods, causing fractures to several parts of his hands and
legs. It is further alleged that other co-accused inflicted grievous
head injuries on Subodh Yadav and Lavkesh Kumar with sharp-
cutting weapons, attempted to run over the victims with a tractor,
fired in the air to terrorize them, criminally intimidated the
family to leave the village, and subsequently trespassed into the
informant’s house, assaulted the women, outraged their modesty,
and looted gold and silver ornaments worth about ₹3,60,000
along with some cash.
4. Mr. Arun Kumar, learned counsel appearing for the
petitioners, submits that the FIR has been registered against
twenty-five persons, including the petitioners. On the
petitioners’ side, Hisua P.S. Case No. 449 of 2025 has also been
registered against the prosecution party, naming sixteen accused
persons. Both the parties are agnates, and 3 to 4 persons from
the petitioners’ side sustained injuries in the occurrence of
assault committed against them by the prosecution party. It is
further submitted that the petitioners and Mukesh Yadav are
alleged to have assaulted one Subodh Yadav. His injury report
has been filed with this petition, which shows that he sustained
four injuries, out of which three were opined to be simple in
Patna High Court CR. MISC. No.8122 of 2026(2) dt.24-02-2026
3/3
nature and only one, found on the left knee, was opined to be
grievous in nature. However, as per the medical opinion, the
said injury was due to dislocation of the knee bone.
5. Learned APP appearing for the State has opposed the
prayer for bail of the petitioners.
6. Considering the specific allegations appearing
against the petitioners, who allegedly assaulted one Subodh
Yadav, resulting in one grievous injury to him, and also taking
note of the criminal antecedents of the petitioners, this Court is
not inclined to grant them the relief of anticipatory bail.
Accordingly, their prayer stands rejected.
(Shailendra Singh, J)
maynaz/-
U T
Checking your session…