Patna High Court
Munna Kumar @ Munna YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied to Munna Kumar but granted to Rupa Devi subject to surrender within eight weeks and a bail bond.
Summary
The petitioners, Munna Kumar and Rupa Devi, sought anticipatory bail fearing arrest in a case registered under several sections of the B.N.S., 2023 for alleged assault and theft on 28 July 2025. The prosecution alleged that Munna assaulted an informant with an axe causing grievous injury, while Rupa allegedly snatched a silver chain from the informant's wife. The petitioners claimed the incident stemmed from a land dispute between two Gotia families. The court rejected Munna's bail application, noting the serious injury inflicted, but granted bail to Rupa, finding no overt act against her and a clean antecedent, subject to surrender within eight weeks and a bail bond with sureties. The application was disposed of with conditions imposed under Section 482 of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to Munna Kumar under the provisions of the B.N.S., 2023 given the alleged grievous injury caused.
- Whether anticipatory bail should be granted to Rupa Devi in the absence of an overt act and with a clean antecedent.
Legislation cited
- B.N.S., 2023 — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352
- B.N.S.S., 2023 — s. 482
Subjects
- anticipatory bail
- grievous injury
- land dispute
- assault
- theft
- bail conditions
- criminal law
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86017 of 2025
Arising Out of PS. Case No.-325 Year-2025 Thana- BANKA District- Banka
======================================================
1. Munna Kumar @ Munna Yadav Son of Manmohan Yadav Resident of
village - Karajana, Police Station - Banka, District - Banka.
2. Rupa Devi Wife of Rohan Yadav @ Rohan Kumar Yadav Resident of village
- Karajana, Police Station - Banka, District - Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Mukherjee, Adv.
For the Opposite Party/s : Mr. Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 07-01-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 303(2), 126(2), 115(2),
109, 352, 351(2), 3(5) of the B.N.S., 2023.
3. As per the prosecution case, on 28.07.2025 at
about 2 PM, all the F.I.R. named accused persons including
petitioners attacked informant, his wife and son. Petitioner no. 1
is alleged to have assaulted on the head of informant with axe,
as a result of which, informant sustained grievous injury,
whereas petitioner no. 2 snatched silver chain from the neck of
informant’s wife.
Patna High Court CR. MISC. No.86017 of 2025(2) dt.07-01-2026
2/2
4. Learned counsel for the petitioners submits that
both parties are own Gotiyas and due to land dispute, Maarpit
took place.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the fact that informant sustained
grievous injury, caused by petitioner no. 1 (Munna Kumar @
Munna Yadav), his prayer for anticipatory bail is rejected.
7. So far as petitioner no. 2 (Rupa Devi) is concerned,
there is no allegation of overt act against her and she has got
clean antecedent, in the event of her arrest/surrender within a
period of eight weeks from today, she (Rupa Devi) is directed to
be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Banka /
concerned Court in connection with Banka P.S. Case No. 325 of
2025, subject to condition as laid down under Section 482 of the
B.N.S.S., 2023.
8. This application is, accordingly, disposed of.
(Prabhat Kumar Singh, J)
anay
U T
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