Patna High Court
Sita Ram YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Sita Ram Yadav, was arrested on 26 November 2025 in connection with an FIR alleging assault with deadly weapons resulting in grievous injury to the informant's husband, under several sections of the Bihar National Security Act, 2023. He applied for bail, claiming a clean antecedent, that the FIR was fabricated, and that the incident was a spur‑of‑the‑moment altercation without intent to kill. The State, represented by the Additional Public Prosecutor, opposed bail, emphasizing the specific assault allegations. The Court examined the submissions and, noting the lack of evidence of intent to kill and the petitioner's clean record, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order also directed verification of the petitioner's criminal antecedent, with cancellation provisions if false information is discovered.
Issues considered
- Whether bail should be granted to the petitioner accused of assault under the Bihar National Security Act, 2023.
Subjects
- bail
- assault
- grievous injury
- Bihar National Security Act
- criminal procedure
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11229 of 2026
Arising Out of PS. Case No.-152 Year-2025 Thana- ROSHANGANJ District- Gaya
======================================================
Sita Ram Yadav Son of Late Ganga Yadav Resident of Village- Fatehpur, P.S.-
Roshanganj, District- Gayaji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md. Javed Jafar Khan, Advocate
For the Opposite Party/s : Mr.Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
4 02-04-2026 Heard Mr.Md. Javed Jafar Khan, learned counsel for
the petitioner, learned counsel for the informant and Mr.Anil
Kumar, learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
26.11.2025 in connection with Roshanganj P.S. Case No. 152 of
2025, F.I.R. dated 24.11.2025 registered for the offence
punishable under Sections 191, 126(2), 115, 118(1), 117, 109,
61(2), 352 of BNS,2023.
3. Allegation against the petitioner is that he
alongwith other co-accused persons armed with deadly weapons
brutally assaulted the informant’s husband due to which he
received grievous injury.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. The allegation
Patna High Court CR. MISC. No.11229 of 2026(4) dt.02-04-2026
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as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. Both the
parties are agnates to each other. Further submits that from a
bare perusal of the FIR it appears that due to spur of moment the
present occurrence had taken place and there was no intention to
kill anyone. Although there is specific allegation against the
petitioner is that he has assaulted to injured person and injured
person has received the injury which is grievous in nature and
the police, after investigation, submitted chargesheet against the
petitioner and the petitioner is in custody since 26.11.2025.
5. Learned counsel for the informant and learned
A.P.P. for the State have vehemently opposed the prayer for bail
of the petitioner and submits that there is direct and specific
allegation of assault attributed against the petitioner.
6. Considering the aforesaid facts, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Judicial Magistrate 1st Class,
Sherghati, Gaya in connection with Roshanganj P.S. Case No.
152 of 2025, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
Patna High Court CR. MISC. No.11229 of 2026(4) dt.02-04-2026
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and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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