Munna Yadav Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

Munna Yadav Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2026)

What the court decided

AI extract

Outcome

Renewed prayer for regular bail allowed: petitioner enlarged on bail in Sessions Trial No. 681 of 2023 on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge-10, East Champaran, Motihari, subject to conditions (one bailor to be father/close relative; presence on every trial date; bond cancellable and custody resumed on unsatisfactory absence).

Issue for consideration

Whether the petitioner, facing trial in Sessions Trial No. 681 of 2023 (arising out of Paharpur P.S. Case No. 68 of 2018) under the cited IPC and Arms Act provisions, should be released on regular bail. +1 more

Court's answer

Taking into account the allegations against the petitioner in the FIR, his custody of more than three years since 9.1.2023, and the framing of charge in the trial Court on 6.1.2026, the Court found the facts of the case warranted his enlargement on bail.

Ratio / Principle

The petitioner was directed to be enlarged on bail in connection with Sessions Trial No. 681 of 2023 (arising out of Paharpur P.S. Case No. 68 of 2018) on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned District and Additional Sessions Judge-10, East Champaran, Motihari.

Key takeaways

Release made subject to conditions: (i) one bailor shall be the petitioner's father/close relative; (ii) the petitioner shall remain physically present in Court on each trial date and cooperate in the trial; (iii) if absent on any single date for reasons not satisfying the trial Court, the trial Court may cancel his bail bond and take him into custody till conclusion of the trial.ratio¶¶23

Detailed headnote1 paragraphs

Bail – Regular bail – Renewal of prayer – Patna High Court (Partha Sarthy, J.) enlarged the petitioner (Munna Yadav) on bail in Sessions Trial No. 681 of 2023 arising out of Paharpur P.S. Case No. 68 of 2018 (East Champaran), registered under sections 302, 307, 147, 148 and 149 of the Indian Penal Code and sections 25(1-B)(a), 26, 27 and 35 of the Arms Act. Prosecution case: during a land-dispute occurrence, on the orders of co-accused Kishun Dev Yadav the petitioner fired from his rifle hitting Devendra Yadav, who fell down and died; co-accused also resorted to indiscriminate firing injuring several persons. Granting bail, the Court took into account the FIR allegations, the petitioner's custody of more than three years since 9.1.2023, the stalled trial, and the framing of charge only on 6.1.2026. Bail ordered on a bond of Rs. 10,000/- with two like sureties to the satisfaction of the District and Additional Sessions Judge-10, East Champaran, Motihari, with conditions: one bailor to be the petitioner's father/close relative; physical presence in Court on each trial date with cooperation; and liability of the bond to cancellation with custody till trial's end upon unsatisfactory absence.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.74555 of 2025

Arising Out of PS. Case No.-68 Year-2018 Thana- PAHARPUR District- East Champaran

======================================================

Munna Yadav S/o Kishundev Yadav R/O Vill.- Majhariya, P.S.- Malahi, Dist.East Champaran

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajendra Narain, Sr. Advocate Mr. Jainendra Kumar Pushkar, Advocate For the Opposite Party/s : Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

7 16-01-2026

Heard learned counsel for the parties.

The petitioner has renewed his prayer for grant

of regular bail in connection with Sessions Trial no.681 of 2023 (arising out of Paharpur P.S. Case no. 68 of 2018) registered under sections 302, 307, 147, 148 and 149 of the Indian Penal Code and sections 25(1-B)(a), 26, 27 and 35 of the Arms Act.

As per the prosecution case, the informant states that the ten named accused persons including the petitioner herein along with 2-3 unknown accused persons came variously armed and started to plough the land of the informant. On the informant asking them not to plough the land, it is stated that on the orders of co-accused Kishun Dev Yadav, the petitioner fired

from his rifle hitting Devendra Yadav on his nose as a result of

Patna High Court CR. MISC. No.74555 of 2025(7) dt.16-01-2026 2/3

which he fell down and died. Sonu Yadav and Rupesh Yadav are also said to have resorted to indiscriminate firing as a result of which several persons were injured. The local police reached the place of occurrence and took the tractor in their possession.

It is submitted by learned Senior counsel for the petitioner that the petitoner has been falsely implicated in the case. The cause of false implication is the land dispute between the parties. Inspite of the petitioner being in custody for more than 3 years since 9.1.2023, the trial in the learned trial Court is not proceeding and there is no chance of the same concluding the the near future. Referring to the supplementary affidavit filed on behalf of the petitioner on 15.1.2026 it is submitted that charge was framed against the petitioner and others only on 6.1.2026, the same being under sections 302/149/307/149/147 and 148 of the Indian Penal Code and sections 25(1-B)(a), 26, 27 and 35 of the Arms Act. It is submitted that petitioner undertakes to cooperate in the trial and to abide by any conditions which may be laid by this Court for his release on bail.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.74555 of 2025(7) dt.16-01-2026 3/3

taking into consideration the allegations against the petitioner in the FIR, the petitioner having remained in custody for more than 3 years since 9.1.2023 and charge having been framed in the learned trial Court on 6.1.2026, in the facts of the case, the Court directs the petitioner to be enlarged on bail in connection with Sessions Trial no. 681 of 2023 (arising out of Paharpur P.S. Case no. 68 of 2018 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge10, East Champaran, Motihari on the following conditions:

One of the bailors of the petitioner shall be the father/close relative of the petitioner.

The petitioner shall remain physically present in Court on each date of the trial and shall cooperate in the trial.

In case, the petitioner is absent on any single date for reasons not to the satisfaction of the the learned trial Court, the learned trial Court may cancel the bail bond of the petitioner and take him into custody till conclusion of the trial.

(Partha Sarthy, J)

Bibhash/-

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