Patna High Court
Yotish Kumar @ Jyotish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted bail to the petitioner subject to a bond of Rs.10,000 and two sureties.
Summary
Yotish Kumar was arrested in connection with an assault case (Morkahi P.S. Case No.173 of 2025) and has been in custody since 19 January 2026. He sought bail, arguing that the case was filed mala fide as his entire family, including female members, were also made accused. The State opposed the bail application. The High Court, considering the nature of the allegations and the length of custody, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties of the same amount. The Court clarified that it made no finding on the merits of the case and that its order was solely for bail.
Issues considered
- Whether bail should be granted to the petitioner given the seriousness of the offences alleged under the B.N.S., 2023.
- Whether the allegation of mala fide filing and inclusion of family members affects the bail decision.
Legislation cited
- B.N.S., 2023 — s. 109(1), 115(2), 117(2), 126(2), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- mala fide filing
- surety
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21993 of 2026
Arising Out of PS. Case No.-173 Year-2025 Thana- MORKAHI District- Khagaria
======================================================
Yotish Kumar @ Jyotish Kumar S/o- Shri Sanjay Yadav Village- Amni, Ward
No.07. P.S.- Mansi, District- Khagaria
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Subodh Kumar Jha, Advocate
Mr. Roshan Kumar Mishra, Advocate
For the State : Mr. Jharkhandi Upadhay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in connection with
Morkahi P.S. Case No.173 of 2025 registered for the offence
under sections 126(2), 115(2), 117(2), 109(1), 352, 351(2), 3(5)
of the B.N.S., 2023.
3. The petitioner is accused of assaulting the
victim causing injury. The petitioner is in custody since
19.01.2026.
4. It has been submitted by learned counsel for
the petitioner that the entire family members of the petitioner
including the female members have been made accused in this
case which shows that the present case has been lodged with
mala fide intention.
Patna High Court CR. MISC. No.21993 of 2026(2) dt.08-04-2026
2/2
5. Learned APP for the State has opposed the
prayer of the petitioner for grant of bail.
6. Considering the nature of allegation and also
the period of custody of the petitioner, this bail application is
allowed.
7. Let the petitioner, above named, be released
on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
learned A.C.J.M., Khagaria / concerned Court below, in
connection with Morkahi P.S. Case No.173 of 2025.
8. It is clarified that this Court has not
expressed any opinion on the merits of the case and the
observations made by this Court is only for the purpose of
deciding this bail application.
(Sandeep Kumar, J)
pawan/-
U T
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