Patna High Court
Munilal Yadav @ Santosh Kumar @ MunilalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a cash bond, sureties and strict compliance conditions.
Summary
The petitioner, Munilal Yadav, sought bail after being named in FIR No. 825/2025 for alleged assault with bricks and other offences under the Bhartiya Nyay Sanhita, 2023. The FIR alleged that he, along with co‑accused, attempted to kill a motorcyclist and injured a person named Saurabh Kumar, whose injuries were described as simple. The petitioner argued he has a clean antecedent and was falsely implicated, emphasizing the minor nature of the injury. The Additional Public Prosecutor opposed bail. The court, noting the petitioner’s clean record and the simple injury, granted bail under Section 438(2) of the Code of Criminal Procedure and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, imposing a bond of Rs.10,000 with two sureties and several conditions for compliance.
Issues considered
- Whether bail should be granted to the petitioner under Section 438(2) CrPC and Section 482(2) Bhartiya Nagarik Suraksha Sanhita given the nature of the alleged offences and the petitioner’s antecedents.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 109(1), 115(2), 126(2), 303(2), 3(5)
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- criminal procedure
- assault
- clean antecedent
- Section 438
- Section 482
- Bhartiya Nyay Sanhita
- Bhartiya Nagarik Suraksha Sanhita
- injury severity
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88934 of 2025
Arising Out of PS. Case No.-825 Year-2025 Thana- MAKHDUMPUR District- Jehanabad
======================================================
Munilal Yadav @ Santosh Kumar @ Munilal Son of Sunil Yadav @ Sunil
Kumar R/o Village - Fatehpur, Police Station - Makhdumpur, District -
Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar, Advocate
For the Opposite Party/s : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-01-2026 Heard Mr. Umesh Kumar, learned counsel for the
petitioner and Mr. Bhanu Pratap Singh, learned Additional
Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Makhdumpur P.S. Case No. 825 of 2025, F.I.R.
dated 21.10.2025 for the offences punishable under Sections
126(2), 115(2), 109(1), 303(2), 3(5)of the Bhartiya Nyay
Sanhita, 2023.
3. As per the First Information Report, the informant
alleged that when he was visiting Chhariyari chhat Ghat in his
motorcycle, in the meantime, the petitioner along with other co-
accused persons started pelting bricks and stones on him with
intention to kill him and assaulted one Saurabh Kumar by means
Patna High Court CR. MISC. No.88934 of 2025(2) dt.12-01-2026
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of belt.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. Although the petitioner is named
in the FIR but from bare perusal of the FIR it appears that FIR is
in two parts. In first part there is general and omnibus allegation
against the accused persons whereas in the second part there is
specific allegation against the petitioner that he assaulted to one
Saurabh Kumar. Although the said Saurabh Kumar received
injury but his injury report suggest that injury inflicted upon him
is simple in nature caused by hard and blunt substance.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
the petitioner has clean antecedent and injury inflicted upon the
injured person is simple in nature, let the petitioner, above
named, in the event of arrest or surrender before the court below
within a period of thirty days from the date of receipt of the
order, be released on bail on furnishing bail bond of Rs. 10,000/-
(Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned A.C.J.M-I, Jehanabad in connection
with Makhdumpur P.S. Case No. 825 of 2025, subject to the
Patna High Court CR. MISC. No.88934 of 2025(2) dt.12-01-2026
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conditions as laid down under Section 438(2) of the Code of
Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bond in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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