Created by Fuzzy Cloud

Patna High Court

Mantun YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

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no.2 (Abhinandan Yadav) subject to conditions and dismissed the petition of petitioner no.1 (Mantun Yadav) as withdrawn.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 The application was allowed, and the petition for Mantun was dismissed as withdrawn.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

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
Patna High Court CR. MISC. No.88546 of 2025(2) dt.13-01-2026
                                            2/3




          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
               Patna High Court CR. MISC. No.88546 of 2025(2) dt.13-01-2026
                                                           3/3




                         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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.