Manohar Kumar Yadav @ Manohar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31769 of 2026 Arising Out of PS. Case No.-334 Year-2025 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== 1.
Manohar Kumar Yadav @ Manohar Yadav S/O Kari Yadav R/O VilageMishroliya, P.S.- Ghanshyampur, Dist.- Darbhanga. 2.
Pramod Kumar Yadav S/O Baleshwar Yadav R/O Vilage- Mishroliya, P.S.- Ghanshyampur, Dist.- Darbhanga.
3.
Paramanand Yadav S/O Uge Yadav R/O Vilage- Mishroliya, P.S.- Ghanshyampur, Dist.- Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nafisu Zzoha, Adv.
For the Opposite Party/s :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-05-2026 Heard Mr. Nafisu Zzoha, learned Counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Ghanshyampur P.S. case no. 334/2025 for the offence registered under sections 109, 115(1), 124(2), 115(2), 253, 304(1), 309(1), 129, 61, 102 B.N.S.
3. As per the prosecution story, the allegation is that earlier, the wall of the house was broken by JCB and later, they came on 09.07.2025, armed variously and assault took place. The allegation of outraging the modesty and taking away ornament are also there in the FIR. This led to the present case.
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4. Learned Counsel for the petitioner submits that due to land dispute, exaggerated FIR is there. Further, the injury report of Krishna Kumar Sahu shows that it is simple in nature. The petitioners do not have criminal antecedent and lastly, without accepting the allegation and/or the outcome of the present petition, the petitioner on its own would like to contribute towards the medical assistance of Rs. 2,000/- each (totaling Rs. 6,000/-) through Demand Draft issued by the local branch of the State Bank of India/any Nationalized Bank to be submitted before the 'NAZARAT' of concerned Court to be handed over to the informant after checking the credentials.
5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that they have jointly assaulted the victim.
6. Considering the submissions of the parties as also the fact that the petitioners do not have criminal antecedent and injury has been found to be simple in nature, in that background, this Court is inclined to grant him the anticipatory bail with conditions subject to payment of Rs. 2,000/- each (totaling Rs. 6,000/-) as undertaken by the learned counsel for the petitioners to be paid by Demand Draft of local branch of the State Bank of India/any Nationalized Bank to be submitted to the Trial Court.
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7. Let the petitioners in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned JMFC, Sri R.K.Deepak, Biraul, Darbhanga in connection with Ghanshyampur P.S. Case no. 334/2025 subject to condition as laid down under Section 438(2) of the Cr.P.C. (i) one of the bailor should be the family members/relatives of the petitioners, who shall provide official document (Aadhar Card, PAN Card, Driving License, Voter ID) to show their bona fide;
(ii) the petitioners shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial court itself;
(iii) the petitioners shall appear before the concerned police station every fortnight for next six months to mark attendance and at the end of the period, the certificate be submitted to the Court;
(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences,
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(v) the petitioners shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Vijay Singh/Sanny Patel U T