Patna High Court
Manoj Kumar Yadav @ Manoj YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is denied to petitioners 1 and 2 but granted to petitioners 3, 4 and 5 subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioners, five members of the Yadav family, sought anticipatory bail after an FIR alleged that they brutally assaulted an informant and her husband, looted cash and ornaments, and were charged under multiple IPC sections. The petitioners contended that the case was false, arising from a land dispute, and asserted their clean antecedents. The State opposed bail, emphasizing that petitioners 1 and 2 caused grievous injuries. The High Court refused anticipatory bail for petitioners 1 and 2 due to the seriousness of the alleged injuries, but granted anticipatory bail to petitioners 3, 4 and 5 subject to a bail bond of Rs.10,000 each with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directs that the bail be enlarged by the Judicial Magistrate within eight weeks of arrest or surrender.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the applicable provisions given the nature of the allegations.
- Whether the presence of grievous injury alleged against petitioners 1 and 2 justifies denial of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- anticipatory bail
- grievous injury
- Indian Penal Code
- land dispute
- false case
- bail bond
- sureties
- Section 482(2) Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84965 of 2025
Arising Out of PS. Case No.-58 Year-2021 Thana- DHOLBAJJA District- Bhagalpur
======================================================
1. Manoj Kumar Yadav @ Manoj Yadav Son of Late Suresh Yadav Resident of
Village - Khairpur Bazar, P.S.- Kadwa, District - Bhagalpur.
2. Saroj Kumar Yadav @ Saroj Yadav @ Sanoj Yadav Son of Late Suresh
Yadav Resident of Village - Khairpur Bazar, P.S.- Kadwa, District -
Bhagalpur.
3. Meera Devi @ Sudama Devi Wife of Late Suresh Yadav Resident of Village
- Khairpur Bazar, P.S.- Kadwa, District - Bhagalpur.
4. Yogendra Yadav @ Jogendra Yadav Son of Late Anandi Yadav Resident of
Village - Khairpur Bazar, P.S.- Kadwa, District - Bhagalpur.
5. Rajendra Yadav @ Rajnish Yadav Son of Bhochan Yadav Resident of
Village - Suraiti, P.S.- Dumara, District - Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sandeep Jha, Mr. Aditya Jha, Advocates
For the Opposite Party/s : Mr. Brajendra Nath Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 16-03-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 341, 323, 324, 325, 307,
379, 427, 354(B), 504, 506/34 of the Indian Penal Code.
3. As per F.I.R., these petitioners brutally assaulted
informant and her husband and looted cash of about Rs. 1 lac
and other ornaments.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.84965 of 2025(3) dt.16-03-2026
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petitioners are innocent and have committed no offence. As a
matter of fact, there is land dispute between the parties and
present false and concocted case has been lodged only with a
view to save the skin of informant from Dholbajja (Kadwa) P. S.
Case No. 59 of 2021 already pending between parties.
Petitioners claim clean antecedent.
5. Learned counsel for the State opposed the bail
application and submits that injuries caused by petitioner nos. 1
and 2 are grievous in nature.
6. In view of the fact that petitioner nos. 1 & 2 caused
grievous injury, prayer for anticipatory bail of petitioner nos.
1 & 2 is refused.
7. However, considering the nature of accusation and
clean antecedent against petitioner nos. 3, 4 & 5, the
anticipatory bail with regard to petitioner nos. 3, 4 & 5 is
allowed and it is ordered that the above named petitioner nos. 3,
4 & 5 in the event of their arrest/surrender before the court
below within a period of eight weeks from today, 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
Judicial Magistrate, 1st Class, Naugachia, Bhagalpur in
connection with Dholbajja (Kadwa) P. S. Case No. 58 of 2021,
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subject to condition as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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