Patna High CourtCR. MISC./20063/2026bail granted

Mantu Kumar Yadav @ Mantu Kumar @ Mantu Yadav v. The State Of Bihar

2026-05-07Mr. Justice Dr. Anshuman4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20063 of 2026 Arising Out of PS. Case No.-220 Year-2024 Thana- KUMAR KHAND District- Madhepura ====================================================== Mantu Kumar Yadav @ Mantu Kumar @ Mantu Yadav son of Domi Yadav @ Binod Resident of Village -Bishanpur Kodlahi PS- Kumarkhand DistrictMadhepura ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vindkeshari Kumar, Sr. Advocate Mr. Deepak Kumar Singh, Advocate For the Opposite Party/s :

Dr.Mrityunjaya Kr. Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-05-2026 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Kumarkhand P.S. Case No. 220 of 2024, lodged on 22.07.2024, under Sections 310(4)/310(5)/3(5) of the Bhartiya Nyay Sanhita, 2023 and under Sections25(1-b)A / 26/35 of the Arms Act.

3. As per the prosecution, FIR has been lodged against seven named accused persons including the present petitioner.

2/4 The allegation is that the police party has arrested some persons with the illegal weapons and live cartridges other than petitioner and the arrested persons disclosed the name of the petitioner that he was also present.

4. Learned Senior Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that nothing has been recovered from the possession of the petitioner. His name has come only and only by virtue of confessional statement of co-accused. He submits that antecedent of the petitioner is clean and he is a young student aged about 26 years. Senior Counsel submits that petitioner's name has come in this case due to village politics.

5. Learned APP for the State, on the other hand, opposes the prayer for bail of the petitioner and submits that huge quantity of arms have been recovered, but he fairly admits that nothing has been recovered from the possession of the petitioner and petitioner has not been apprehended from the place of occurrence.

6. In the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail

3/4 bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of learned A.C.J.M.-III, Madhepura, in connection with Kumarkhand P.S. Case No. 220 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023 with further conditions that: (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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Trial Court. (ii) One of the bailors shall be his close relative.

(iii) The Trial Court 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 bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. the Trial Court 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 Trial Court shall take step for cancellation of bail bond of the petitioner.

4/4 the above mentioned order shall not be delayed for purpose of or in the name of verification.

(Dr. Anshuman, J) Mkr./- U T