Ram Pabitra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30463 of 2026 Arising Out of PS. Case No.-46 Year-2026 Thana- BAHERI District- Darbhanga ====================================================== 1.
Ram Pabitra Yadav S/O Late Bhikhi Yadav R/o Village- Simri, P.s.- Baheri, Dist.- Darbhanga 2.
Satya Narayan Yadav S/O Ram Pabitra Yadav R/o Village- Simri, P.s.- Baheri, Dist.- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Baidyanath Prasad, Adv.
For the Opposite Party/s :
Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 21-07-2026 Heard learned Advocate for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Baheri P.S. Case No. 46 of 2026, registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109(1), 74, 303(2), 351(2), 352 & 3(5) of the BNS.
3. The allegation against the petitioners is of causing assault to the informant by means of iron rod, lathi & danda, due to which he sustained serious injuries. When the other family members came to the rescue of the informant, they were also brutally assaulted by other accused persons, besides there is allegation of snatching of valuables.
Patna High Court CR. MISC. No.30463 of 2026(3) dt.21-07-2026 2/3 4.Learned Advocate for the petitioners submitted that the genesis of the occurrence is nothing, but a land dispute due to which the parties entered into scuffle leading to unfortunate injuries. The alleged occurrence said to have taken place in the night on 20.01.2026, but the present FIR came to be instituted on 26.01.2026 and, as such, the exaggeration and false implication of the petitioners cannot be ruled out. So far the injuries which are allegedly sustained to the informant is concerned, no serious injuries have been found over the vital part of the informant and, in fact, only on account of fracture of digital and terminal phalanx of middle finger, the same is reported to have grievous in nature; however, without any specific attribution, as to on whose assault this injury has been inflicted. Moreover, the petitioners are carrying fair antecedent and there is a counter version of the present case.
5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that because of the assault caused by the petitioners, the informant and other family members have also sustained injuries.
6. Regard being had to the submissions made on behalf of the parties and considering the inordinate delay in lodging of the FIR as well as the injury report, which suggest
Patna High Court CR. MISC. No.30463 of 2026(3) dt.21-07-2026 3/3 fracture injury in the middle finger along with the fair antecedent of the petitioners, let the petitioners abovenamed be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate- VII, Darbhanga in connection with Baheri P.S. Case No. 46 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioners. (Harish Kumar, J) sumit/- U T