Ramavtar yadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13582 of 2026
                       Arising Out of PS. Case No.-93 Year-2025 Thana- MARAUNA District- Supaul
                 ======================================================
           1.     Ramavtar yadav Son of Late Asharfi yadav Resident of Khushiyali, Ward
                  no. 11, Ps- Marauna, Supaul
           2.    Ramiqbal yadav @ Ramakbal yadav Son of Asharfi Yadav Resident of
                 Khushiyali, Ward no. 11, Ps- Marauna, Supaul

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Purushottam Kumar, Advocate
                 For the Opposite Party/s :       Mr. Rajendra Prasad Nat, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

3   29-04-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners are apprehending arrest in

                   connection with Marauna P.S. Case No. 93 of 2025, dated

                   16.07.2025, lodged under Sections 126(2), 115(2), 109, 74,

                   303(2), 352, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita,

                   2023 (hereinafter referred to as “BNS, 2023”).

                                3. As per the prosecution, FIR has been lodged against

                   11 named accused persons, including the present petitioners.

                   The specific allegation against petitioner no. 1 is that he

                   assaulted the son of the informant with an iron dabiya, as a

                   result of which he sustained injuries, and against petitioner no.

                   2, there is an allegation of assaulting with a rod on the hand.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have committed no offence.
Patna High Court CR. MISC. No.13582 of 2026(3) dt.29-04-2026
                                            2/3




          Counsel further submits that both parties are residents of the

          same village and, from the FIR itself, it is clear that there is a

          land dispute between the parties and that for the same date and

          place of occurrence, there is a case and a counter-case lodged.

          Counsel further submits that the case lodged by petitioner no. 1

          was earlier registered from the present case as Marauna P.S.

          Case No. 92 of 2025, whereas the present case has been lodged

          as Marauna P.S. Case No. 93 of 2025. Counsel further submits

          that scuffling took place from both sides and injuries were also

          caused on both sides. Counsel also submits that the case diary

          has been called for and, from the same, it becomes clear that

          most of the injuries are simple in nature except a few.

          Furthermore, counsel submits that the criminal antecedents of

          the petitioners are not clean, as two criminal cases are pending

          against petitioner no. 1 and one case is pending against

          petitioner no. 2.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioners and submits that there is specific

          allegation against the petitioner No. 1 that the attacked by iron

          dabiya on the head of the informant’ son due to which he

          brutally injured.

                       6. In the present facts and circumstances of this case,
          Patna High Court CR. MISC. No.13582 of 2026(3) dt.29-04-2026
                                                      3/3




                    as well as after seeing the injury in the case diary, let the

                    petitioner No. 2, namely, Ramiqbal yadav @ Ramakbal yadav

                    be released on anticipatory bail, in the event of arrest or

                    surrender before the Trial Court within a period of 4 weeks from

                    today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty

                    Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023

                    to the satisfaction of J.M., I, Supaul, in connection with

                    Marauna P.S. Case No. 93 of 2025, subject to the conditions as

                    laid down U/s 482(2) of the BNSS, 2023.

                                 7. So far as the bail application of the petitioner No. 1,

                    namely, Ramavtar yadav is concerned, his bail application is

                    hereby rejected, with a liberty that in case, the petitioner No.1

                    surrenders within four weeks before the Trial Court, then the

                    Trial Court shall pass order on his surrender-cum-bail

                    application on the same day without being prejudice that the

                    anticipatory bail of the petitioner No. 1 has been rejected by this

                    Court and the Trial Court shall pass order on the merit of this

                    case.


                                                                         (Dr. Anshuman, J.)

Aman Kumar/-

U     T