CR. MISC./21062/2026 of Surendra Yadav Vs The State of Bihar on 13 July 2026

ORAL ORDER

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

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 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 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 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.

sumit/- (Harish Kumar, J) U T