Patna High Court
Jitan SadaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner subject to a bond and sureties under Section 480(3) of the Bharatiya Nyaya Sanhita.
Summary
The petitioner, Jitan Sada, was arrested in connection with a case registered under multiple sections of the Bharatiya Nyaya Sanhita for allegedly assaulting members of an informant's family with deadly weapons. He had been in custody since 12 April 2025. Counsel for the petitioner argued that the specific assault allegations pertained to other co‑accused, that one co‑accused had already been granted bail, and that the investigation was complete, eliminating any risk of evidence tampering. The State opposed the bail application. The court, noting that the allegations were general and that the petitioner had been detained for an extended period, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of Section 480(3) of the Bharatiya Nyaya Sanhita.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences alleged under the Bharatiya Nyaya Sanhita.
- Whether there is a risk of tampering with evidence or influencing the investigation if bail is granted.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 223, 303(2), 336(3), 338, 3(5), 351(2), 352, 480(3)
Subjects
- bail
- criminal procedure
- assault
- Bharatiya Nyaya Sanhita
- Section 480
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43261 of 2025
Arising Out of PS. Case No.-6 Year-2025 Thana- SINDHIYA District- Samastipur
======================================================
Jitan Sada Son of Ram Sagar Sada Resident of Village - Rajghat, Police
Station - Singhiya, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ranjit Kumar Yadav
For the Opposite Party/s : Mr.Anil Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 09-01-2026 Heard the parties.
2. The petitioner seeks bail in connection with
Singhiya P.S. Case No. 06 of 2025 registered for the offences
under Sections 126(2), 115(2), 223, 336(3), 338, 303(2),
352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita.
3. The petitioner is named in the F.I.R. and is in
custody since 12.04.2025.
4. As per FIR, when the family members of
informant were engaged in construction work on his land,
named and unknown co-accused persons including petitioner
came there with deadly weapons and starting assaulting
them. Angad Yadav & Ravindra Yadav assaulted uncle of the
informant by using iron rod to make him un-conscious during
the occurrence.
Patna High Court CR. MISC. No.43261 of 2025(3) dt.09-01-2026
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5. Learned counsel appearing on behalf of the
petitioner submitted that the allegation of physical assault is
available specifically against Angad Yadav & Ravindra Yadav
and moreover co-accused Shravan Kumar has already
granted bail by learned Co-ordinate Bench of this Court
through Cr. Misc. No. 35199 of 2025 vide order dated
06.08.2025. While concluding the argument it is submitted
that petitioner found involved in one more case, where he is
on bail, and moreover, investigation has already completed,
and as such, there is no chance of tampering with the
evidence.
6. Learned APP appearing on behalf of the State,
opposes the prayer for bail.
7. In view of aforesaid factual submission and by
taking note of fact as allegation qua physical assault is
appearing very much general and omnibus, coupled with the
fact as petitioner remains in custody since 12.04.2025,
accordingly above named petitioner, is directed to be released
on bail in connection with Singhiya P.S. Case No. 06 of 2025
on furnishing bail bond of Rs.10,000/- (Rupees Ten
Patna High Court CR. MISC. No.43261 of 2025(3) dt.09-01-2026
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Thousand) with two sureties of the like amount each to the
satisfaction of learned Judicial Magistrate 1st Class,
Rosera/concerned court, subject to the conditions as
mentioned under Section 480(3) of the B.N.S.S.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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