Patna High Court
Mantun YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to petitioner no.2 (Abhinandan Yadav) subject to conditions and dismissed the petition of petitioner no.1 (Mantun Yadav) as withdrawn.
Summary
Mantun Yadav sought to withdraw his anticipatory bail application after being arrested; the court permitted the withdrawal and dismissed his petition. Abhinandan Yadav, a 25‑year‑old with a clean record, applied for anticipatory bail in a case involving alleged firing, land‑dispute related arson, and offences under several sections of the Bihar Negotiable Instruments Act and the Arms Act. He claimed false implication by the informant and that no injury resulted from the alleged firing. The State opposed the bail. Considering his age, clean antecedent, and the circumstances, the High Court granted anticipatory bail to Abhinandan, subject to a Rs.10,000 bail bond, two sureties, and compliance with Section 482(2) of the Bihar Negotiable Instruments Act. The application was allowed, and the petition for Mantun was dismissed as withdrawn.
Issues considered
- Whether anticipatory bail should be granted to Abhinandan Yadav for the offences alleged under the Bihar Negotiable Instruments Act and the Arms Act.
- Whether the withdrawal of the anticipatory bail application by Mantun Yadav is permissible.
- Whether the allegations constitute a serious offence that warrants denial of anticipatory bail.
Legislation cited
- Arms Act — s. 27
- Bihar Negotiable Instruments Act — s. 109, 110, 115(2), 126(2), 324(4), 324(5), 3(5), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- land dispute
- false implication
- Arms Act
- bail bond
- High Court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88546 of 2025
Arising Out of PS. Case No.-264 Year-2025 Thana- SINGHESHWAR District- Madhepura
======================================================
1. Mantun Yadav S/o- Adhik Lal Yadav @ Adhik Yadav Resident of Sirsiya
ward no- 2 P.S- Singhwshwar, Dist- Madhepura
2. Abhinandan Yadav @ Anhinandan Kumar S/o- Mantun Yadav Resident of
Sirsiya ward no- 2 P.S- Singhwshwar, Dist- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dayanand Singh
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-01-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The learned counsel for the petitioners, at the
outset, seeks permission to withdraw the present anticipatory
bail application with respect to petitioner no.1, namely, Mantun
Yadav, who during pendency of the anticipatory bail, was
arrested.
3. Permission is accorded.
4. Accordingly, instant petition is dismissed as
withdrawn with respect to petitioner no.1, namely, Mantun
Yadav.
5. The petitioner no.2 seeks bail in anticipation of his
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arrest in a case registered for the offences punishable under
Sections 126(2), 115(2), 109, 110, 352, 351(2), 324(4), 324(5),
3(5) of the B.N.S. and Section 27 of the Arms Act.
6. The learned counsel for the petitioner no.2 submits
that the petitioner no.2 is a person with clean antecedent and the
informant alleges that accused persons including the petitioner
came along with 30 unknown accused on the land of the
informant on 27.07.2025 at 10.00 A.M. and Abhinandan fired at
his nephew but missed, thereafter the accused persons uprooted
85 plants of Kadam and Mahagni and loaded the same on
motorcycle and fled. Accordingly, police was informed and the
police came and one empty cartridge was recovered from the
place of occurrence. It is next alleged that informant got the land
from Bhudan Yagya Committee and the accused persons
including the petitioner were threatening him to leave the land.
7. The learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that a land
dispute is brewing in between the parties and petitioner is
alleged to have fired, but then, no one was injured. It is also
submitted that allegation of firing was made only to give
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seriousness to the case. It is next submitted that even the empty
cartridge was provided to the police by the side of the
informant.
8. Learned A.P.P. opposes the anticipatory bail
application.
9. Considering the submissions and taking into
consideration the fact that petitioner is a young boy aged about
25 years and is a person with clean antecedent, the petitioner
no.2, above-named, in the event of his arrest or surrender before
the learned Court below within a period of six weeks, is directed
to be released on anticipatory bail on his furnishing bail-bonds
in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned Trial Court where the case is pending/successor Court in
connection with Singheshwar P. S. Case No.264 of 2025,
subject to the conditions laid down under Section 482(2) of the
B.N.S.
10. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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