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Patna High Court

Yotish Kumar @ Jyotish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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