Patna High Court
Ram Sewak Singh @ Ram Sewak Yadav @ Ram Sewak RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
Given the protracted land dispute, the absence of serious injury, and the mutual allegations, the court held that anticipatory bail may be granted to the petitioners.
Summary
The petitioners, Ram Sewak Singh and Manoj Kumar, sought anticipatory bail after an FIR was lodged against them for alleged assault, damage to property, and possession of firearms in a land dispute with an informant who had purchased a small parcel of land adjacent to the petitioners' larger holding. The informant claimed the petitioners and a mob attacked him, damaged a wall, and stole a gold chain, while the petitioners argued the dispute stemmed from an agreement over a 16‑foot passage and that the informant was encroaching on their land, filing a counter‑FIR. The petitioners also filed an FIR against the informant alleging he fired on them and assaulted them. The court noted the long‑standing nature of the land conflict, the lack of serious injury to the victim, and the existence of multiple counter‑claims, and therefore found no compelling reason to deny bail. Consequently, the court granted anticipatory bail to the petitioners subject to a bond and sureties, invoking Section 482(2) of the B.N.S.S. The order directed the bail to be effected within four weeks of the judgment.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite FIRs under Sections 191(2), 190, 126(2), 115(2), 303(2), 352 and 351(2) of the B.N.S.
- Whether the nature of the land dispute and the alleged injuries justify denial of bail
- Whether the counter‑FIRs and the existence of a pending measurement case affect the grant of anticipatory bail
Legislation cited
Subjects
- anticipatory bail
- land dispute
- encroachment
- assault
- Section 191
- Section 190
- Section 126
- Section 115
- Section 303
- Section 352
- Section 351
- B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26139 of 2025
Arising Out of PS. Case No.-18 Year-2025 Thana- GOPALPUR District- Patna
======================================================
1. Ram Sewak Singh @ Ram Sewak Yadav @ Ram Sewak Ray S/O Late
Brijnandan Singh @ Dukhan Ray Resident of Village- Gosain Math, Post-
Sona Gopalpur, P.S.- Gopalpur, Anchal- Sampatchak, Dist.- Patna.
2. Manoj Kumar @ Manoj Yadav @ Pappu Ray S/O Late Brijnandan Singh @
Dukhan Ray Resident of Village- Gosain Math, Post- Sona Gopalpur, P.S.-
Gopalpur, Anchal- Sampatchak, Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar
Mr.Dr Pranav Kumar
For the Opposite Party/s : Mr.Umeshanand Pandit
For the informant : Mr. Shubhesh Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
6 07-04-2026 1. Heard the parties.
2. The petitioners apprehend their arrest in connection with
Gopalpur P.S. Case No. 18 / 2025 dated 14.01.2025 registered
under Sections 191(2), 190, 126(2), 115(2), 303(2), 352, 351(2)
of the B.N.S.
3. As per the first information report the informant, who has
purchased a piece of land at Mauza- Sona Gopalpur bearing
Khata No. 45 & 86 having Khesra No. 355 and 356, Area- 04
Katha has been making construction upon the said land for a
fairly long period of time. The petitioners along with other
co-accused persons started demanding ‘rangdari’ and damaged
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the wall erected by the informant and also snatched golden
chain for which Gopalpur P.S. Case No. 542 of 2024 was lodged
by the informant on 09.12.2024. It has further been alleged that
on 13.01.2025 in the afternoon while the informant was making
construction upon his land, the petitioners along with 30-40
unknown persons arrived there and assaulted the informant with
lathi, danda etc. Petitioners were having gun in their hands and
also resorted to firing. The friend of the informant was assaulted
brutally.
4. Learned counsel for the petitioners submits that petitioners
have not committed any offence in the manner alleged inasmuch
as 04 Katha of land was purchased by the informant from the
father of the petitioners at the front and the petitioners have a
big chunk of land measuring about 17 Katha behind that 04
Katha of land. Since 04 Katha of land was purchased at the front
it was blocking the passage towards 17 Katha of land belonging
to the petitioners for which the parties arrived at agreement by
which the informant was to leave 16 feet of the land in the front
for the purpose of passage leading towards petitioners 17 Katha
of land and in lieu thereof petitioners were to transfer equivalent
area of land to the informant. Petitioners have annexed
Annexure -P/2 which is sketch map of the land in question dated
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27.05.2023. It has further been submitted that the informant
thereafter started encroaching upon the passage for which a
‘sanha’ was lodged by the petitioners in Gopalpur P.S. on
17.12.2024. On 13.01.2025 the petitioners lodged an F.I.R.
against the informant and others with the allegation that the
informant was encroaching upon 16 feet passage left by him
pursuant to agreement between the parties and upon objection
he resorted to firing, abused and also assaulted the petitioners.
The F.I.R. was lodged by the petitioners on 13.01.2025 having
Gopalpur P.S. Case No. 17 / 2025 and in retaliation of the said
F.I.R. the present F.I.R. has been lodged by the informant having
Gopalpur P.S. Case No. 18 / 2025 dated 14.01.2025. It has
further been submitted that a measurement case was also lodged
by the petitioners in which on 04.12.2024 notice was issued to
the informant but he has not appeared before the Circle Officer,
Sampatchak (Patna). The injury report of the victim
-Rameshwar Sah has been annexed as Annexure- P/7 and from
perusal of the same it appears that no serious injury has been
caused to the victim.
5. On the other hand, learned counsel for the informant
vehemently opposed the prayer for bail and submits that
petitioners are not allowing the informant to construct his house
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upon the purchased land and also has not transferred the land
behind 16 feet passage as per the agreement between the parties.
No sale deed and / or exchange deed has been registered by the
petitioners in favour of the informant. Prior to lodging of the
present F.I.R. the informant has lodged Gopalpur P.S. Case No.
542 of 2024 against the petitioners. The petitioners are
aggressors and they are disturbing the informant on the strength
of power and since the informant is a resident of Muzaffarpur,
he is not in a position to resist the side of the petitioners, who
are permanent resident of Gopalpur. It is also submitted that
after getting interim order in their favour, the petitioners have
again assaulted the informant and not allowing the informant to
make construction for which another F.I.R. bearing Gopalpur
P.S. Case No. 248 of 2025 dated 22.06.2025 has been lodged by
the informant against the petitioners.
6. Regard being had to the submission made by the parties,
taking into consideration the nature of allegation, the fact that
there appears to be long standing land dispute between the
parties, case and counter case is there and injury sustained by
the victim is not serious in nature, accordingly, I am inclined to
grant anticipatory bail to the petitioners.
7. Let the petitioners, above named, be released on
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anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each
with two sureties of the like amount each to the satisfaction of
Ms. Latika Bharti, learned Judicial Magistrate 1st Class, Patna in
connection with Gopalpur P.S. Case No. 18 / 2025 subject to the
condition as laid down under Section 482 (2) of the B.N.S.S.
(Anil Kumar Sinha, J)
praful/-
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