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Patna High Court

Sita Ram Singh @ Siya Ram SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions.

Summary

The petitioner, Sita Ram Singh, applied for anticipatory bail fearing arrest in PS Hajipur Sadar Case No. 194 of 2026, which alleged offences under several sections of the Bihar Penal Code. The prosecution alleged that the petitioner assaulted the victim, while the petitioner claimed innocence and asserted that the alleged grievous injury pertained to his son in a separate case. The State opposed the bail, but the Court examined the facts and the applicability of Section 482(2) of the Bihar Penal Code. The Court held that the petitioner was entitled to anticipatory bail, subject to bond and surety conditions. The order emphasized that the observations were prima facie and would not affect the merits of the trial.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the provisions of the Bihar Penal Code in view of the allegations in Case No. 194 of 2026.

Legislation cited

  • Bihar Penal Code — s. 109, 115(2), 117(2), 126(2), 303(2), 308(2), 3(5), 351(2), 351(3), 352, 482(2)

Subjects

  • anticipatory bail
  • criminal procedure
  • Bihar Penal Code
  • section 352
  • section 438
  • high court
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 37270 of 2026
                   Arising Out of PS. Case No.-194 Year-2026 Thana- HAJIPUR SADAR District- Vaishali
                 ======================================================
                 Sita Ram Singh @ Siya Ram Singh S/o Zumlal Singh Resident of village-
                 Dighi Khurd, ward no 26, PS- Haajipur Sadar, District- Vaishali

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shyameshwar Kumar Singh, Adv.
                 For the Opposite Party/s :       Mr. Anuj Kumar Shrivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   15-06-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                   2. The petitioner apprehends arrest in connection

                   with Hajipur Sadar P.S. Case No. 194 of 2026 registered for

                   offences under Sections 126(2), 115(2), 117(2), 109, 303(2),

                   308(2), 352, 351(2), 351(3) & 3(5) of B.N.S.

                                   3. As per the prosecution case, the petitioner is

                   accused of assaulting the victim.

                                   4. Learned counsel for the petitioner submits that

                   petitioner is quite innocent and has not committed any offence.

                   There is case and counter-case also, bearing no. Hajipur Sadar

                   P.S. Case No. 197 of 2026 and the allegation of causing

                   grievous injury is against the son of petitioner, not against the

                   petitioner.
            Patna High Court CR. MISC. No. 37270 of 2026(2) dt.15-06-2026
                                                        2/2




                                      5. Learned A.P.P. for the State has vehemently

                      opposed the prayer for bail.

                                      6. Considering the facts and circumstances of the

                      case, this application for anticipatory bail stands allowed.

                                      7. Accordingly, let the petitioner, above-named, in

                      the event of arrest or surrender within four weeks from today in

                      the Court below, be released on anticipatory bail on furnishing

                      bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with

                      two sureties of the like amount each to the satisfaction of

                      learned Court below where the case is pending/successor Court

                      in connection with Hajipur Sadar P.S. Case No. 194 of 2026,

                      subject to the conditions as laid down under Section 482(2) of

                      the B.N.S.S.

                                      8. It is made clear that any observation made herein

                      is prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                 (Sandeep Kumar, J)
sadique/-

U      T


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