Surendra YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21062 of 2026
                   Arising Out of PS. Case No.-632 Year-2025 Thana- BAIRIYA District- West Champaran
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           1.     Surendra Yadav S/o Pahwari Yadav R/o Village-Mathiya Balua Rampurwa,
                  Police station- Bairiya, District- West Champaran
           2.    Rambhaju Yadav S/o Surendra Yadav R/o Village-Mathiya Balua
                 Rampurwa, Police station- Bairiya, District- West Champaran
           3.    Jai Prakash Yadav S/o Late Ramchandra Yadav R/o Village-Mathiya Balua
                 Rampurwa, Police station- Bairiya, District- West Champaran
           4.    Ramchandra Yadav S/o Late Kishundeo Yadav R/o Village-Mathiya Balua
                 Rampurwa, Police station- Bairiya, District- West Champaran
           5.    Shiv Balak Yadav S/o Ramchandra Yadav R/o Village-Mathiya Balua
                 Rampurwa, Police station- Bairiya, District- West Champaran
           6.    Jildar Yadav S/o Late Rudal Yadav R/o Village-Mathiya Balua Rampurwa,
                 Police station- Bairiya, District- West Champaran
           7.    Manu Yadav S/o Late Kishundeo Yadav R/o Village-Mathiya Balua
                 Rampurwa, Police station- Bairiya, District- West Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Brij Kishor Mishra, Adv.
                 For the Opposite Party/s :       Mr. Amitesh Kumar, APP
                 For the informant        :       Mr. Ajit Kumar Bhardwaj, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

4   13-07-2026                  Heard the learned Advocate for the petitioners,

                   learned Advocate for the informant and the learned Additional

                   Public Prosecutor for the State.

                                2. The petitioners are apprehending their arrest in

                   connection with Bairiya P.S. Case No. 632 of 2025, registered

                   for the offences punishable under Sections                    126(2), 115(2),

                   117(2), 118(1), 109(1), 352, 351(2), 245 & 3(5) of the BNS
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          and Section 27 of the Arms Act.

                       3. Allegedly on the given date and time of occurrence,

          while the informant along with her husband was taking meal, in

          the meanwhile, they heard some sound of ploughing their field

          through tractor, they rushed to the field and found that all the

          accused persons, including the petitioners, are engaged in

          ploughing. When the same was protested and the informant has

          stated that a Title Suit No. 231 of 2023 is pending in connection

          with the land. Despite such protest, the accused persons

          continued with ploughing and further brutally assaulted the

          informant’s husband and her brother-in-law. It is specifically

          alleged that co-accused Kanhaiya Lal Yadav assaulted the

          informant’s husband by means of sword, causing head injury

          and when in the said incident brother-in-law of the informant

          fell down, all the accused persons assaulted him by means of

          lathi, danda and other weapons, due to which he sustained

          fracture injury in leg. There is further allegation against

          petitioner nos. 1 and 3 to caught hold the informant and thrash

          her on the ground, besides snatching of valuables.

                       4. Learned Advocate for the petitioners, taking this

          Court through the FIR, contended that no specific allegation of

          causing assault has been attributed to the petitioners. So far the
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          co-accused Kanhaiya Lal Yadav is concerned, against whom, it

          is alleged that he has assaulted over the head of the informant's

          husband by means of sword, he is not before this Court. The

          fracture injury sustained over the leg of the brother-in-law of the

          informant has not been specifically attributed to the petitioners.

          The reason behind the occurrence is said to be a long standing

          land dispute pending between the parties as is evident from the

          FIR itself, which admitted the fact of pendency of Title Suit No.

          231 of 2023 between the parties.

                       5. It is the further contention of the learned Advocate

          for the petitioners that prior to the occurrence, there was a

          proceeding under Section 144 of the Cr.PC bearing Case No.

          1872 of 2018, which was decided in their favour. But, later on,

          the informant and his family members have instituted title suit,

          in which the status quo order has been passed. It is next

          contended that since the petitioners have been coming in the

          possession and when they were being disturbed by the informant

          and others, a free fight has taken place, which resulted into some

          unfortunate injuries.

                       6. On the other hand, learned Advocate for the State

          as well as the informant vehemently opposed the bail

          application and submits that besides the petitioners are carrying
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          criminal antecedents, they have been actively participated in the

          crime and brutally assaulted the informant's husband and

          brother-in-law, due to which both the persons sustained grievous

          injury.

                       7. At this juncture, learned Advocate for the

          petitioners interjected and submitted that so far the criminal

          antecedent of the petitioners are concerned, all of these criminal

          cases are the off shoot of pending land dispute, instituted by the

          family members of the informant. To support the aforesaid

          contention, a supplementary affidavit has also been filed.

                       8. Having considered the submissions advanced by

          the learned Advocates for the respective parties and taking note

          of the omnibus nature of the allegation against these petitioners,

          coupled with the factum of pending land dispute, besides the

          delay in lodging of the FIR and none of the injuries have been

          attributed to the petitioners, let the petitioners above named 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 Judicial

          Magistrate-First Class, Bettiah, District- West Champaran in
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                        connection with Bairiya P.S. Case No. 632 of 2025, 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