Munna Yadav Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

Munna Yadav Vs the State of Jharkhand — Anticipatory Bail | Jharkhand HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail not granted at this stage; application disposed of with a direction that the petitioners appear before the Court concerned, which is to consider their individual overt acts, assess the applicability of Section 117(2) BNS, and pass appropriate orders in light of the observations made.

Issue for consideration

Whether the petitioners, apprehending arrest in Hunterganj P.S. Case No. 217 of 2024, are entitled to anticipatory bail under Sections 482 and 484 of the BNSS, 2023. +1 more

Court's answer

The petitioners were directed to appear before the Court concerned, which will consider their individual overt acts, assess whether Section 117(2) BNS can be applied to them, and thereafter pass appropriate order taking into consideration the observations made.

Ratio / Principle

Prima facie, for the purpose of grant of bail, Section 109 BNS is not attracted, since the injuries, though shown to be grievous, are on the hand and finger.

Key takeaways

Section 117(2) BNS is not bailable, but its punishment may extend to seven years only; the other sections invoked are bailable in nature.ratio¶14

Detailed headnote1 paragraphs

Anticipatory bail under Sections 482 and 484, BNSS 2023, sought by five petitioners apprehending arrest in Hunterganj P.S. Case No. 217 of 2024 (offences under Sections 127(1), 127(2), 115(2), 117(2), 109, 351(3), 352 and 3(5), BNS Act) over an alleged assault on the informant arising from a land dispute. Examining the injury report, the Court found the injuries grievous but confined to the hand and finger, and held that prima facie Section 109 BNS was not attracted. It further observed that Section 117(2) BNS, though non-bailable, carries punishment extendable to seven years only, and that the remaining sections are bailable. Disposing of the application, the Court directed the petitioners to appear before the Court concerned, which is to consider their individual overt acts, determine whether Section 117(2) BNS applies, and pass appropriate orders in light of these observations.

2025:JHHC:18830

IN THE HIGH COURT OF JHARKHAND AT RANCHI

A.B.A. No. 2548 of 2025

1. Munna Yadav son of late Genda Yadav

2. Sanjay Yadav son of late Genda Yadav

3. Mithlesh Kumar Yadav, son of late Ashok Yadav

4. Laxman Yadav @ Laxman Kumar, son of Munna Yadav

5. Bharat Yadav @ Bharat Kumar son of Munna Yadav All are residents of village Daha, Bihiya, P.O and P.S. Hunterganj, DistrictChatra, Jharkhand. ...... Petitioner(s). Versus The State of Jharkhand . … Opp. Party(s).

CORAM : SRI ANANDA SEN, J. -----For the Petitioner(s) : Mrs. Sadhna Kumar, Advocate. For the State : Mr. Tarun Kumar, A.P.P.

05/11.07.2025: This anticipatory bail application under Section(s) 482 and 484 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has been preferred by the petitioners apprehending their arrest for the offences registered under Section(s) 127(1), 127(2), 115(2), 117(2), 109, 351(3) , 352 and 3(5) of the BNS Act, in connection with Hunterganj P.S. Case No. 217 of 2024, pending in the Court of learned Judicial Magistrate, 1^st Class,

Heard the parties at length and had gone through the documents, annexed along with this application.

Opportunity was given to the State to oppose the bail, which the State availed and opposed.

There is allegation that because of land dispute, the petitioners have assaulted the informant.

After hearing the parties and going through the injury report, I find that the injuries are shown to be grievous but the same are on the hand and finger, thus, prima facie, for the purpose of grant of bail, I am of the opinion that Section 109 BNS is not attracted in this case. Section 117(2) BNS though is not bailable but the punishment of the same is for the period which may extend to seven years only. The other sections are bailable in nature.

In that view, I direct the petitioners to appear before the Court concerned who will consider the individual overt act of the petitioners and will assess as to whether Section 117(2) BNS can be applied in the case of the petitioners or not, thereafter appropriate order will be passed taking into consideration the observation made herein above.

Accordingly, this application stands disposed of.

(ANANDA SEN, J.)

Anu/-C.P.-3