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Patna High Court

Sita Ram YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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