Patna High Court - Orders
Bablu Kumar @ Bablu Yadav vs The State Of Bihar on 20 January, 2026
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53075 of 2025
Arising Out of PS. Case No.-250 Year-2025 Thana-Barh District- Patna
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1. Bablu Kumar @ Bablu Yadav, Son of Jawahar Prasad, R/o village-Harauli,
Ward No. 02, PS-Barh, Patna, Bihar.
2. Adalat Yadav, Son of Jaichand Yadav, Ward No. 2, Panchayat Fatehpur,
Harauli, PS-Barh, Patna, Bihar.
3. Pappu Yadav, Son of Yogendra Yadav, R/o A 30, Bharola Village, 2nd Floor,
Adarsh Nagar, Azadpur, North West Delhi-110033.
4. Shailendra Prasad @ Shailendra Yadav, Son of Ballabh Prasad, R/o
Harauli, PO-Nayabigha, PS-Barh, Patna.
5. Vivek Kumar @ Vivek Yadav, Son of Vallabh Yadav, H.No. 137, Anchal-
Belachhi, Harauli, Nayabigha, PS-Barh, Patna, Bihar.
6. Dhanik Prasad @ Dhanik Yadav, Son of Valam Yadav, R/o Village-Harauli,
PS-Barh, Patna, Bihar.
7. Lalan Prasad @ Chhotte Yadav @ Chhote, Son of Jawahar Prasad, R/o
Ward No. 02, Panchayat-Fatehpur, Harauli, PS-Barh, Patna, Bihar.
8. Krishan Nandan Saw, Son of Pradip Saw, R/o Harauli, PO-Nayabigha,
Belchhi, PS-Barh, Patna, Bihar.
9. Mantu Saw, Son of Krishan Nandan Saw, R/o Harauli, PO-Nayabigha,
Belchhi, PS-Barh, Patna, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Mithilesh Singh, Son of Shyam Kishore Singh, R/o Village-Harauli, PS-
Barh, Distt.-Patna.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Ms. Chhaya Kirti, Adv.
For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP
Patna High Court CR. MISC. No.53075 of 2025(3) dt.20-01-2026
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CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 20-01-2026Heard the learned counsel for the parties.
2. The petitioners are aggrieved by the order dated 11.04.2025 passed by the learned Court of Sub-Divisional Magistrate, Barh at Patna in connection with Case No. 250 of 2025 under Section 163 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (in short the B.N.S.S.).
3. It has been submitted on behalf of the petitioners that the learned Sub-Divisional Magistrate, Barh has travelled beyond the scope of the provisions contained in Section 163 of the B.N.S.S. and despite the specific case of the petitioners along with admitted documents that the suit has been decided in their favour and the challenge to the same in the First Appeal was also dismissed, there was no occasion for the Sub- Divisional Magistrate, Barh to enter into the question of title over the land and then passing of the order, appointing the S.H.O., Barh Police Station to be a receiver of the crops being grown on the disputed land, is palpably illegal.
4. In view of the aforesaid submissions, let notices be issued to opposite party No. 2 by registered post/speed post with A/D as well as by ordinary process, on steps being taken by the Patna High Court CR. MISC. No.53075 of 2025(3) dt.20-01-2026 3/3 petitioner for filing requisites etc., within a period of one week from today, failing which the application shall stand dismissed without further reference to the Bench.
5. In the meantime, the effect of the order dated 11.04.2025, referred to above, shall remain inoperative.
6. List this case on 18.02.2026 at 02:15 P.M. after appearance of opposite party No. 2 or on receipt of service of notice, whichever is earlier, under the appropriate heading.
(Sourendra Pandey, J) Praveen-II/-
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