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Patna High Court

Sita Ram YadavversusThe state of Bihar

Decided
Disposal
BAIL GRANTED

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
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                    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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