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Patna High Court

Sita Ram YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail may be granted to the petitioners subject to a bond and conditions under section 482(2) of the BNSS.

Summary

The petitioners, Sita Ram Yadav, Shankar Yadav and Raj Kumar Yadav, filed a bail petition fearing arrest in a case registered under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for alleged assault and related offences. The FIR alleged that the accused, while intoxicated, assaulted an informant and his family, with a specific allegation against co-accused Raju Yadav for striking the informant's eye with a pistol butt. The petitioners contended they were innocent and the accusations against them were general and omnibus. The State opposed the bail. The Court, after considering the facts and material, ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 each with two sureties, subject to conditions under section 482(2) of the BNSS, and directed surrender within eight weeks.

Issues considered

  • Whether the petitioners are entitled to bail under the BNSS despite the seriousness of the offences alleged in the FIR
  • Whether the conditions imposed under section 482(2) of the BNSS are sufficient to justify granting bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nagarik Suraksha Sanhita
  • section 482
  • assault
  • intoxication
  • FIR
  • bond
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.39575 of 2026
                      Arising Out of PS. Case No.-84 Year-2026 Thana- RAHIKA District- Madhubani
                 ======================================================
           1.     Sita Ram Yadav S/O Late Mahadev Yadav R/O Village- Satlakha (Laksayar),
                  P.S.- Rahika, District- Madhubani, Bihar.
           2.    Shankar Yadav S/O Late Mahadev Yadav R/O Village- Satlakha (Laksayar),
                 P.S.- Rahika, District- Madhubani, Bihar.
           3.     Raj Kumar Yadav S/O Sita Ram Yadav R/O Village- Satlakha (Laksayar),
                  P.S.- Rahika, District- Madhubani, Bihar.
                                                                        ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vikas Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr.Rina Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   23-06-2026                       Heard learned counsel for the petitioners and the

                   State .

                                2. Petitioners apprehend their arrest in a case

                   registered for the offence punishable under sections 329(3),

                   329(4), 126(2), 115(2), 109(1), 74, 76, 303(2), 352, 351(2), 3(5)

                   of B.N.S.

                                3 . As per F.I.R., on 28.03.2026, all the F.I.R. named

                   accused persons came to the house of informant in an

                   intoxicated condition and started abusing informant and others.

                   It is further alleged that accused persons assaulted informant

                   and his family members, as a result of which, they sustained

                   injuries.
          Patna High Court CR. MISC. No.39575 of 2026(2) dt.23-06-2026
                                                      2/2




                                 4. It is submitted on behalf of the petitioners that

                    petitioners are quite innocent and have committed no offence as

                    alleged. Specific accusation is against co-accused Raju Yadav

                    who is alleged to have assaulted on the eye of informant with

                    butt of pistol. So far as, these petitioners are concerned,

                    allegation is general and omnibus against them.

                                 5 . Learned counsel for the State oppose the bail

                    petition .

                                   6 Considering the backdrop of case, materials

                    available on record and other circumstances of the case , in the

                    event of arrest or surrender within eight weeks from today, let

                    the petitioners, as named above, be enlarged on bail on

                    furnishing bail bond of Rs.10,000/-(ten thousand) each with two

                    sureties of the like amount each to the satisfaction of the learned

                    A.C.J.M. 1st, Madhubani in connection with Majaulia P.S. Case

                    No. 84 of 2026 , subject to the conditions laid down under

                    section 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita

                    ( BNSS) , 2023 .



                                          (Prabhat Kumar Singh, J)
Koushik/Alok
Raj-

U     T


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