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2026 DAILYLAW 27151 (PAT)

Ram Sebak @ Khur khur Yadav @ Ram Sevak Yadav v. The State of Bihar

/46569/2026 · 2026-07-22

Soni Shrivastava

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46569 of 2026 Arising out of PS. Case No.-413 Year-2025 Thana- PHULPARAS District- Madhubani ====================================================== 1. Ram Sebak @ Khur khur Yadav @ Ram Sevak Yadav Son of Yageshwar Yadav R/o Village- Hariyari, P.S.- Phulparas, District- Madhubani 2. Siya Ram Yadav Son of Bindeshwar Yadav R/o Village- Hariyari, P.S.- Phulparas, District- Madhubani .. ... Petitioner/s Versus The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Hriday Narayan Harshit, Advocate For the State : Mr. Narendra Kumar Singh, APP For the Informant : Mr. Lakshmindra Kumar Yadav, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 2 22-07-2026 Heard learned counsel for the petitioners, learned counsel for the informant and learned APP for the State 2. The petitioners apprehend their arrest in connection with Phulparas P.S. Case No. 413 of 2025 registered under Sections 190, 191(2), 191(3), 126(2), 115(2), 117 (2), 118(2), 74, 76, 351(2), 351(3), 352 and 49 of BNS and Section 27 of Arms Act. 3. Allegation in the F.I.R is that due to land dispute all the accused persons named in the FIR including the petitioners, assaulted the husband and his younger brother by means of khanti, lathi and danda over their body and when informant and her son came to save accused persons, they also assaulted him Patna High Court CR. MISC. No.46569 of 2026(2) dt.22-07-2026 2/3 and molested her and also threatened to kill her. 4. It is submitted by learned counsel for the petitioners that the narration of the First Information Report itself indicates that as many as fourteen persons have been named in the first part of the First Information Report with general and omnibus allegation that they came variously armed and assaulted the husband and brother-in-law of the informant. However, in the later part of the FIR, there is specific allegation on co-accused Nitish and Manish of assaulting her son and upon other accused persons Shiv Kumar Yadav and Krishna Yadav @ Prabhash of resorting to firing. It is further submitted that the allegation upon these petitioners are general and omnibus nature and injuries sustained by the victims are not attributable to them. It is also submitted that the entire occurrence had taken place on account of dispute with regard to land and the name of the petitioners have been taken as a result of over- implication. It is lastly submitted that the petitioners have one criminal antecedent each in which they are on bail. Patna High Court CR. MISC. No.46569 of 2026(2) dt.22-07-2026 3/3 5. The application for anticipatory bail is opposed by learned A.P.P. for the State as well as learned counsel for the Informant stating that there is allegation of assault against the petitioners. 6. Taking into consideration the aforesaid facts and circumstances of the case and also considering the fact that there are specific allegations of assault and resorting to firing by other accused persons and not by these petitioners, it is directed that the petitioners, above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Phulparas P.S. Case No. 413 of 2025 on each of them furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court concerned where the case is pending/successor Court, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023. Vikash/- (Soni Shrivastava, J) U T