Patna High Court

Munna Yadav @ Rakesh Kumar YadavversusThe State of Bihar

Decided: 22 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted regular bail to the petitioner, directing his release upon furnishing the prescribed bail bond and sureties.

Summary

The petitioner, Munna Yadav, was charged under sections 126(2), 109, 308(4), 351(2) and 3(5) of the B.N.S. for allegedly assaulting the informant's son, Gulshan Kumar, with the butt of a gun, causing a superficial abrasion on the eyebrow and reported pain. The petitioner pleaded innocence and argued that the alleged injuries were merely sensations, not actual injuries, and highlighted his pending cases and bail status in other matters. The State opposed the grant of regular bail, emphasizing the seriousness of the offences. After hearing both sides, the High Court considered the nature of the injury, the petitioner’s antecedents, and his prolonged pre‑trial detention since 25‑09‑2025. The Court decided to enlarge the petitioner on regular bail, directing his release upon furnishing a bail bond of Rs.10,000 with two sureties.

Issues considered

Whether the petitioner is entitled to regular bail despite the nature of the alleged assault and his criminal antecedents.

Legislation cited

B.N.S. — s. 109, 126(2), 308(4), 3(5), 351(2)

Subjects

regular bail
assault with firearm
injury assessment
criminal antecedent
pre‑trial detention
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88870 of 2025
                  Arising Out of PS. Case No.-208 Year-2025 Thana- PHENHARA District- East Champaran
                 ======================================================
                 Munna Yadav @ Rakesh Kumar Yadav S/O Ramadhar Yadav @ Ramadhar
                 Rai Resident of Village- Govindbara, P.S.- Fenhara, District- East Champaran



                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Patna


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :       Mr. Humayou Ahmad Khan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   22-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 126(2),

                   109, 308(4), 351(2) and 3(5) of B.N.S.

                                3. The case of the prosecution is that the petitioner

                   has assaulted the son of the informant, namely, Gulshan Kumar

                   with the butt of the gun.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that from perusal of

                   the order of the learned trial court, it will transpire that learned
Patna High Court CR. MISC. No.88870 of 2025(2) dt.22-01-2026
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          trial court has recorded that “ As per para-55 of the case diary,

          the injured Gulshan Kumar has sustained abrasion of 1 inch on

          left eyebrow, pain on chest, pain on back and bodyache.”

          Learned counsel for the petitioner has further submitted that as

          far as pain and bodyache are concerned those are not the

          injuries they are only feelings and cannot be termed as injuries.

          Only one injury was found on the person of the Gulshan

          Kumar that is very superficial whereas the allegation is that the

          petitioner has assaulted him on the head with the butt of the

          gun. Learned counsel for the petitioner has also submitted that

          though he is having criminal antecedent of twelve cases but he

          has been acquitted in five cases and he is on bail in rest of the

          cases.     Moreover, the petitioner is languishing in judicial

          custody since 25.09.2025.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court

          is inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be released on bail in connection with

          Fenhara P.S. Case No. 208 of 2025 on furnishing bail bond of

          Rs.10,000/- (ten thousand) with two sureties of the like amount
            Patna High Court CR. MISC. No.88870 of 2025(2) dt.22-01-2026
                                                        3/3




                      each to the satisfaction of learned Judicial Magistrate, First

                      Class, East Champaran at Motihari.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T

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