Mohan Kumar Yadav @ Sunil Kumar Yadav @ Mohan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6684 of 2026 Arising Out of PS. Case No.-413 Year-2025 Thana- PHULPARAS District- Madhubani ====================================================== Mohan Kumar Yadav @ Sunil Kumar Yadav @ Mohan Yadav S/o- Shiv Kumar Yadav, R/o village - Hariyari , P.S.- Phulparas , District - Madhubani. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Ravi Prakash, Advocate For the Opposite Party/s :
Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 04-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Phulparas P.S. Case No. 413 of 2025 dated 30.09.2025, registered for the offences punishable under Sections 190, 191(2), 191(3), 109(1), 115(2), 117(2), 118(2), 74, 76, 351(2), 351(3), 352 and 49 of the B.N.S., 2023 and Section 27 of the Arms Act.
3. As per the prosecution case, over shifting of ridge, the husband of the informant and her brother-in-law were assaulted by the petitioner and other co-accused persons. When the informant and her family members went for their rescue, they were also assaulted. The co-accused persons fired upon the informant and her family members and the brother-in-law of the
Patna High Court CR. MISC. No.6684 of 2026(2) dt.04-02-2026 2/3 informant received pellet injury in his back and other parts of the body.
4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. No specific overt act has been attributed to the petitioner and allegations are general and omnibus except for allegation of firing against co-accused persons. Altogether 9 persons have been made accused in this case including the petitioner and from the contents of the FIR, it appears the specific allegations are against the co-accused Shiv Kumar Yadav, Krishna Yadav and Ganga Yadav. The petitioner has been roped in this case merely because he is son of the coaccused Shiv Kumar Yadav and he is a student and is preparing for competitive examinations. Land dispute is apparent from the FIR and in this background this false case has been lodged. Learned counsel next submits that petitioner is having antecedent of one case and is in custody since 13.11.2025.
5. Learned A.P.P. appearing on behalf of the State opposes the submissions made on behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the non-specific and vague nature of allegation against the
Patna High Court CR. MISC. No.6684 of 2026(2) dt.04-02-2026 3/3 petitioner and also considering his period of custody, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Jhanjharpur / concerned Court, in connection with Phulparas P.S. Case No. 413 of 2025, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (Arun Kumar Jha, J) Shahnawaz/- U T