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2026 DAILYLAW 12601 (PAT)

Mantosh Yadav@Mantus Yadav v. The State of Bihar

CR. MISC./8122/2026 · 2026-02-24

Shailendra Singh

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.8122 of 2026 Arising Out of PS. Case No.-447 Year-2025 Thana- HISUWA District- Nawada ====================================================== 1. Mantosh Yadav@Mantus Yadav Son of Babulal Yadav R/o Village - Nasratpur Phulwaria, P.S - Hisua, District - Nawadah. 2. Santosh Yadav Son of Babulal Yadav R/o Village - Nasratpur Phulwaria, P.S - Hisua, District - Nawadah. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arun Kumar, Advocate For the Opposite Party/s : Mrs. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 2 24-02-2026 Heard learned counsel for the Petitioners and learned APP for the State. 2. The petitioners apprehend their arrest in connection with Hisua P.S. Case No. 447 of 2025 dated 31.07.2025 registered for the offences punishable under Sections 126(2), 115(2), 117(2), 118(1), 109(1), 74, 303(2), 352, 351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita. 3. The prosecution case, in brief, is that on 31.07.2025 at about 6:00 A.M., the informant Sukhdev Yadav found the accused persons forcibly ploughing his land and, despite police intervention restraining both sides, they formed an unlawful assembly and attacked the informant’s family with deadly weapons. Specific allegations against petitioner no. 1, Mantosh Patna High Court CR. MISC. No.8122 of 2026(2) dt.24-02-2026 2/3 Yadav @ Mantus Yadav, and petitioner no. 2, Santosh Yadav, are that they along with Mukesh Yadav, assaulted Subodh Yadav with iron rods, causing fractures to several parts of his hands and legs. It is further alleged that other co-accused inflicted grievous head injuries on Subodh Yadav and Lavkesh Kumar with sharp- cutting weapons, attempted to run over the victims with a tractor, fired in the air to terrorize them, criminally intimidated the family to leave the village, and subsequently trespassed into the informant’s house, assaulted the women, outraged their modesty, and looted gold and silver ornaments worth about ₹3,60,000 along with some cash. 4. Mr. Arun Kumar, learned counsel appearing for the petitioners, submits that the FIR has been registered against twenty-five persons, including the petitioners. On the petitioners’ side, Hisua P.S. Case No. 449 of 2025 has also been registered against the prosecution party, naming sixteen accused persons. Both the parties are agnates, and 3 to 4 persons from the petitioners’ side sustained injuries in the occurrence of assault committed against them by the prosecution party. It is further submitted that the petitioners and Mukesh Yadav are alleged to have assaulted one Subodh Yadav. His injury report has been filed with this petition, which shows that he sustained four injuries, out of which three were opined to be simple in Patna High Court CR. MISC. No.8122 of 2026(2) dt.24-02-2026 3/3 nature and only one, found on the left knee, was opined to be grievous in nature. However, as per the medical opinion, the said injury was due to dislocation of the knee bone. 5. Learned APP appearing for the State has opposed the prayer for bail of the petitioners. 6. Considering the specific allegations appearing against the petitioners, who allegedly assaulted one Subodh Yadav, resulting in one grievous injury to him, and also taking note of the criminal antecedents of the petitioners, this Court is not inclined to grant them the relief of anticipatory bail. Accordingly, their prayer stands rejected. maynaz/- (Shailendra Singh, J) U T