Mangan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23314 of 2025 Arising Out of PS. Case No.-52 Year-2025 Thana- PIRPAINTI District- Bhagalpur ====================================================== 1.
Mangan Yadav, age about 31 Years (M) S/O- Shamdeo Yadav, R/vill -Khushalpur, PS-Pripainti District- Bhagalpur 2.
Sanjay Yadav, Aged about 43 years (M), S/O- Late Lakshman Yadav, R/Vill -Gobindpur, PS-Pripainti, District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :
Mr. Umanath Mishra, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-04-2025 Heard Mr. Rajive Ranjan Singh, learned counsel appearing on behalf of the petitioners and Mr. Umanath Mishra, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Pirpainti P.S. Case No. 52 of 2025, registered for the offence punishable under Sections 126(2), 115(2), 109, 352, 351(2), 3/5 of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
3. As per the allegation made in the FIR, petitioners along with other accused persons, had assaulted the informant. Specific allegation against the petitioner no. 1 is that he had opened fire to disburse the crowd.
Patna High Court CR. MISC. No.23314 of 2025(2) dt.30-04-2025 2/3
4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and have falsely been implicated in the present case. General and omnibus allegation has been levelled against the petitioners. The allegation of firing is ornamental and no antecedent had taken place as alleged. Petitioners have been roped on the present case due to previous enmity. On these grounds, petitioners seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the rival submissions made on behalf of the parties, as well as, the fact that general and omnibus allegation has been levelled against the petitioners. The allegation of firing is ornamental and no antecedent had taken place as alleged. Petitioners have been roped on the present case due to previous enmity. I am of the opinion that petitioners have, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the
Patna High Court CR. MISC. No.23314 of 2025(2) dt.30-04-2025 3/3 like amount each to the satisfaction of learned C.J.M., Bhagalpur, in connection with Pirpainti P.S. Case No. 52 of 2025 , subject to the condition as laid down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the criminal antecedent of the petitioners as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioners as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T