Patna High Court
Hare Ram YadavversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- SONI SHRIVASTAVA
Holding
The petition for bail is dismissed; the petitioner is not entitled to bail at this stage.
Summary
Hare Ram Yadav was arrested in connection with the murder of the informant's brother, who died after being assaulted with an iron rod. The FIR named 17 accused, including Yadav, and alleged that the deceased succumbed to injuries despite medical treatment. Yadav applied for bail, arguing that the allegations were part of an old enmity and that the charge sheet had been filed. The State and the informant opposed bail, citing specific assault allegations, a post‑mortem showing intracranial hemorrhage, and the recent denial of bail to a co‑accused in a related case. The court, considering the gravity of the charges and the precedent of the rejected bail application, refused bail and directed the lower court to expedite the trial within nine months.
Issues considered
- Whether bail should be granted to the petitioner in a case involving murder and multiple serious offences under the B.N.S.
- Whether the seriousness of the allegations and the prior denial of bail to a co‑accused preclude the grant of bail.
Legislation cited
- B.N.S. — s. 103(1), 115(1), 126(2), 190, 191(1), 191(2), 61(2)
Subjects
- bail
- murder
- assault
- criminal procedure
- B.N.S.
- post‑mortem
- coordinate bench
- pre‑trial detention
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74959 of 2025
Arising Out of PS. Case No.-174 Year-2025 Thana- KUSHESHWARASTHAN District-
Darbhanga
======================================================
Hare Ram Yadav S/o Late Satya Narain Yadav R/o Village- Bahera, P.S.- K.
Asthan, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar
For the Opposite Party/s : Mrs. Anita Kumari
For the Informant Mr. Ranjit Kumar Singh
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 13-02-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 191(1), 191(2), 190, 126(2),
115(1), 103(1), 61(2) of the B.N.S.
3. Petitioner along with other accused persons are said
to have assaulted the brother of the informant by means of iron
rod who died during the course of treatment.
4. Learned counsel for the petitioner submits that in
the First Information Report as many as 17 persons have been
named as an accused out of whom there are specific allegations
of assault not only on the petitioner but also on others. It has
also been submitted that the deceased, however, succumbed to
Patna High Court CR. MISC. No.74959 of 2025(4) dt.13-02-2026
2/3
the injuries received. The petitioner was implicated on account
of old enmity between the parties and prior to filing of the
present case another case bearing K. Asthan P.S. Case No. 21 of
2025 against the informant’s father, brother and uncle was
lodged from the side of the accused persons. The petitioner is in
custody since 27.07.2025 and the charge-sheet has been
submitted.
5. Learned APP for the State and learned counsel for
the informant have opposed the application for bail. It has been
submitted by the learned counsel for the informant that there is
specific allegation of assault upon this petitioner along with
others by means of iron rod causing several injuries to the
deceased. It is further submitted that the postmortem report is
corroborative of the oral allegations as there is intracranial
hemorrhage caused due to hard and blunt force. Further, prayer
for bail of co-accused Ram Sakal Yadav upon whom the
allegation is that he had pointed pistol on the head of the
deceased has already been rejected by a coordinate Bench of
this Court vide order dated 19.11.2025 passed in Cr. Misc. No.
77942 of 2025.
6. Taking into consideration the facts and
circumstances and also the gravity of the accusation coupled
Patna High Court CR. MISC. No.74959 of 2025(4) dt.13-02-2026
3/3
with the fact that the case of co-accused upon whom there are
less grave allegations, has already been rejected, I am not
inclined to enlarge the petitioner on bail at this stage.
Accordingly, his prayer for bail is rejected in connection
Kusheshwar Asthan P.S. Case No. 174 of 2025.
7. However, learned court below is directed to
expedite the trial and conclude the same preferably within a
period of nine months.
(Soni Shrivastava, J)
devendra/-
U T
Checking your session…