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Patna High Court

Hare Ram YadavversusThe State of Bihar

Decided
Disposal
REJECTED

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
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          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
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                       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


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