Patna High Court
Manoj YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to petitioners No. 1 and No. 2 subject to the stipulated bond and conditions.
Summary
The petitioners, three brothers, filed an anticipatory bail application in a case registered under Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act, alleging that they were falsely implicated in a firing incident that injured a villager. The petitioners claimed no specific overt act was alleged against them and that the allegations were general. The State opposed the bail, arguing the seriousness of the offences. The court allowed the withdrawal of the application for petitioner No. 3 and granted anticipatory bail to petitioners No. 1 and No. 2, subject to a bail‑bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directed that the bail be enlarged by the Chief Judicial Magistrate of Khagaria if the petitioners are arrested within eight weeks.
Issues considered
- Whether anticipatory bail can be granted when the allegations against the accused are general and lack specific overt acts.
- Whether the provisions of Sections 109 and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act preclude anticipatory bail.
- Whether conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, are applicable to the grant of anticipatory bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 3(5)
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Arms Act
- Bharatiya Nagarik Suraksha Sanhita
- Section 482(2)
- bail bond
- withdrawal of application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85920 of 2025
Arising Out of PS. Case No.-106 Year-2025 Thana- BELDOUR District- Khagaria
======================================================
1. Manoj Yadav S/o- Late Jamun Yadav R/v- Dhadhi Ps- Beldour Dist-
Khagaria
2. Dholo Yadav @ Ganesh Yadav S/o- Late Jamun Yadav R/v- Dhadhi Ps-
Beldour Dist- Khagaria
3. Sanjeev Yadav S/o- Late Jamun Yadav R/v- Dhadhi Ps- Beldour Dist-
Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mritunjay Kumar, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-02-2026 At the outset, learned counsel for the petitioners seeks
permission to withdraw this anticipatory bail application with
regard to petitioner no. 3.
2. Permission is granted.
3. This anticipatory bail application with regard to
petitioner no. 3 is, accordingly, dismissed as withdrawn.
4. Heard learned counsel for the petitioners and the
State.
5. Petitioner nos. 1 & 2 apprehend arrest in a case
registered for the offences punishable under Sections 109, 3(5)
of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
Patna High Court CR. MISC. No.85920 of 2025(2) dt.09-02-2026
2/3
6. As per prosecution case, an incident of firing took
place between co-accused Rakesh Yadav and Amrendar Yadav
and others where 20 rounds of bullets were fired in which local
co-villager got injured.
7. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Allegation against petitioners is general and omnibus and there is
no allegation of any specific overt act against them. Informant
and petitioners are co-villagers. During investigation, statement
of the injured was recorded in which he has not alleged any
specific allegation against these petitioners.
8. Learned A.P.P. for the State vehemently opposed the
bail application.
9. Considering the nature of accusation and other facts
and circumstances of the case, this anticipatory bail is allowed
with respect of petitioner nos. 1 & 2 and it is ordered that let
the above named petitioner nos. 1 & 2 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 Chief Judicial Magistrate,
Khagaria in connection with Beldour P. S. Case No. 106 of 2025,
Patna High Court CR. MISC. No.85920 of 2025(2) dt.09-02-2026
3/3
subject to condition as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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