Ram Ji Yadav @ Ram Jee Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34391 of 2025 Arising Out of PS. Case No.-39 Year-2025 Thana- BRAHMPUR District- Buxar ====================================================== Ram Ji Yadav @ Ram jee Yadav S/O Late Shiv Lal Yadav R/O Vill.- Purwa Tola, Brahmpur, P.s.- Brahampur, Dist.- Buxar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Kamal Deo Sharma, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP For the Informant :

Mr. Rajesh Kr. Sharma, Advocate Mr. Sumant Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-06-2025 Heard learned Counsel for the petitioner and learned APP for the State as well as learned Counsel for the informant.

2. The present criminal miscellaneous application has been filed under Sections 483 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of regular bail to the petitioner who is in custody in connection with Brahampur P.S. Case No. 39 of 2025, lodged on 16.03.2025, under Sections 352, 351(2), 115(2), 126(2), 109(1) and 3(5) of the B.N.S.

3. As per the prosecution, F.I.R. has been lodged against six named accused persons alleging that they all forcefully taken electricity of the informant and making noise by D.J. Upon request not to continue, they have snatched

Patna High Court CR. MISC. No.34391 of 2025(2) dt.03-06-2025 2/3 electric meter and upon oppose they all started assaulting the informant due to which the family of the informant become injured and received injury, due to the said injury some of the persons of the informant was admitted to Buxar Hospital for further treatment and thereafter referred to IGIMS, Patna.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that scuffling arises due to petty matters, both are co-villagers and for the D.J. the dispute has arisen. Counsel further submits that both families are well known to each other and for the same date and place of occurrence there is case and counter case. Counsel further submits that antecedent of the petitioner is clean and he is in custody since 17.03.2025.

5. Learned APP for the State as well as learned Counsel for the informant oppose the prayer for bail of the petitioner and submits that the cause of dispute has already narrated in the F.I.R. that electric meter is of the informant and without taking permission they were taken electricity and making disturbances by D.J. continuously, upon oppose the scuffling started from their part. Counsel further submits that counter case has been filed later on only with a view to create defence.

Patna High Court CR. MISC. No.34391 of 2025(2) dt.03-06-2025 3/3

6. In the present facts and circumstances of this case, this Court is not inclined to enlarge the petitioner on bail in connection with Brahampur P.S. Case No. 39 of 2025 pending in the court of learned Chief Judicial Magistrate, Buxar. Hence, the prayer for bail of the petitioner is hereby rejected.

7. However, the trial Court is directed to release the petitioner on bail by imposing its own condition so that the petitioner may not evade appearance during trial, if he renews his prayer for bail after framing of charge.

(Dr. Anshuman, J) mdrashid/- U T