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2025 DAILYLAW 69119 (PAT)

Ram Sagar Yadav v. The State of Bihar

CR. MISC./57244/2025 · 2025-08-27

Harish Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57244 of 2025 Arising Out of PS. Case No.-17 Year-2025 Thana- LARJHAGHAT District- Samastipur ====================================================== 1. Ram Sagar Yadav, S/o Late Siya Yadav, Resident of Village- Belsandi, P.S.- Larjhaghat, District- Samastipur 2. Mulayam Yadav @ Molayam Yadav, S/o Bholi Yadav, Resident of Village- Belsandi, P.S.- Larjhaghat, District- Samastipur 3. Ashok Yadav @Ashok Kumar, S/o Ram Sagar Yadav, Resident of Village- Belsandi, P.S.- Larjhaghat, District- Samastipur 4. Bholi Yadav, S/o Late Paltu Yadav, Resident of Village- Belsandi, P.S.- Larjhaghat, District- Samastipur 5. Chandan Yadav, S/o Sibu Yadav, Resident of Village- Belsandi, P.S.- Larjhaghat, District- Samastipur 6. Vishun Yadav @ Vishundev Yadav, S/o Late Paltu Yadav, Resident of Village- Belsandi, P.S.- Larjhaghat, District- Samastipur 7. Bindeshwari Yadav, S/o Late Ram Khelawan Yadav, Resident of Village- Belsandi, P.S.- Larjhaghat, District- Samastipur 8. Ajay Yadav @ Ajay Kumar, S/o Bindeshwari Yadav, Resident of Village- Belsandi, P.S.- Larjhaghat, District- Samastipur 9. Pitambar Yadav, S/o Bindeshwari Yadav, Resident of Village- Belsandi, P.S.- Larjhaghat, District- Samastipur 10. Deepak Yadav, S/o Maheshwar Yadav, Resident of Village- Belsandi, P.S.- Larjhaghat, District- Samastipur 11. Ankit Yadav @ Ankit Kumar, S/o Uday Yadav, Resident of village- Belsandi, P.S.- Larjhaghat, District- Samastipur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Ruchi Mandal, Advocate For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 27-08-2025 Heard the parties. 2. The petitioners are apprehending their arrest in connection with Larjhaghat P.S. Case No. 17 of 2025 registered Patna High Court CR. MISC. No.57244 of 2025(2) dt.27-08-2025 2/4 for the offences under Sections 191(2), 191(3), 126(2), 127(2), 115(2), 118(1), 117(2), 74, 303(2), 352, 351(2)/(3) of the Bharatiya Nyaya Sanhita. 3. Allegedly in the premise of land dispute altogether 16 named accused persons, including the petitioners, along with eight unknown persons, variously armed barged into the house of the informant. It is specifically alleged that co-accused Deepak Yadav made exhortation, whereupon Ram Sagar Yadav, Bholi Yadav and Mulayam Yadav brutally assaulted the informant by pulling her hair. There is also allegation of snatching the valuables and damaging the house hold articles, beside outraging the modesty. 4. Learned Advocate for the petitioners taking this Court through the F.I.R. submitted that besides the omnibus nature of allegation admittedly the genesis of the occurrence is land dispute standing between the parties since long. There is a counter version of the present case, being Larjhaghat P.S. Case No. 19 of 2025. In fact, on account of a land dispute, both the parties have entered into a free fight and persons of both sides have sustained injuries, however, the prosecution has failed to substantiate the injuries sustained to the petitioners and others. The petitioners bear fair antecedent and undertake before this Patna High Court CR. MISC. No.57244 of 2025(2) dt.27-08-2025 3/4 Court that they will fully cooperate in the proceeding of the court. It is lastly contended that the injuries, which have been allegedly sustained to the informant and others, have been found to be simple in nature. 5. On the other hand, learned APP for the State opposes the bail application and submits that the petitioners had actively participated in the crime and assaulted the informant and others, besides snatching of valuables and others. 6. Having considered the submissions set forth by the learned Advocate for the respective parties and taking note of the omnibus nature of allegation, coupled with the case and counter case and the simple injuries, as also the fair antecedent, let the petitioners, named above, in the event of their arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs.5,000/- (Rupees five thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Rosera, Samastipur in connection with Larjhaghat P.S. Case No. 17 of 2025, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the Patna High Court CR. MISC. No.57244 of 2025(2) dt.27-08-2025 4/4 own/close relative of the petitioners. uday/- (Harish Kumar, J) U T