Patna High Court
Sita Ram YadavversusThe state of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioner.
Summary
The petitioner, Sita Ram Yadav, applied for bail in a criminal case (Banka P.S. Case No. 533 of 2025) involving offences under Sections 126(2), 115(2), 118(1), 109(1), 351(2), 352 and 3(5) of the BNS. The prosecution alleged that the petitioner, who is the father of the victim, assaulted his son, with the victim’s father acting as the informant. The petitioner had been in custody since 6 January 2026. After hearing the counsel for both sides, the Court considered the facts and the length of custody and decided to grant bail. The Court ordered his release on a bail bond of Rs. 10,000 with two sureties of the same amount, while clarifying that the order is limited to bail and does not prejudice the trial’s merits.
Issues considered
- Whether bail should be granted to the petitioner despite the serious offences alleged under the BNS
- Whether the period of custody and facts justify the grant of bail
Legislation cited
- BNS — s. 109(1), 115(2), 118(1), 126(2), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- father‑son dispute
- Bihar
- BNS sections
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21670 of 2026
Arising Out of PS. Case No.-533 Year-2025 Thana- BANKA District- Banka
======================================================
Sita Ram Yadav S/O Kishan Yadav R/O Vill.- Dara, P.s - Banka, Dist.- Banka
... ... Petitioner/s
Versus
The state of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shubhesh Pandey
For the Opposite Party/s : Mr.Nand Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-04-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Banka P.S. Case No. 533 of 2025 registered for the offence
under Sections 126(2), 115(2), 118(1), 109(1), 351(2), 352, 3(5)
of the BNS.
3. As per the prosecution case, the petitioner is the
father of the victim and he is said to have assaulted his son. The
informant of this case is the father of the petitioner.
4. The petitioner is in custody since 06.01.2026.
5. Considering the facts of the case and the period
of custody of the petitioner, this application is allowed.
6. Let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
Patna High Court CR. MISC. No.21670 of 2026(2) dt.07-04-2026
2/2
with two sureties of the like amount each to the satisfaction of
the learned concerned Court below in connection with Banka
P.S. Case No. 533 of 2025.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
Vikas/-
U
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