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Patna High CourtCR. MISC./46352/2026bail granted

Sitaram Yadav v. The State Of Bihar

2026-07-20Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46352 of 2026 Arising Out of PS. Case No.-40 Year-2026 Thana- KISHANPUR District- Supaul ====================================================== Sitaram Yadav S/O Late Munni Yadav Resident of village- Baijnathpur Andauli, ward no. 01 PS- Kishanpur, Distt- Supaul ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Patla Kumari, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Kishanpur P.S. Case No. 40 of 2026 instituted for the offence under Sections 103(1), 238 & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

The prosecution case, in brief, is that during a 'Thakurbari Bhoj-Bhandara' on 10.02.2026, the accused persons allegedly assaulted the informant's husband, Surendra Yadav @ Sulen Yadav, over a quarrel arising from children fighting, with Dinesh Yadav allegedly strangulating him with a gamcha and Pintu Yadav assaulting him with a stick, resulting in his death.

Patna High Court CR. MISC. No.46352 of 2026(2) dt.20-07-2026 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.02.2026. Petitioner bears two (2) criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. From perusal of the FIR, it would reveal that there is no specific allegation against the petitioner, rather the same is against other co-accused person. Parties are agnates and there is subsisting land dispute between them. Charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kishanpur P.S. Case No. 40 of 2026, subject to the following conditions:

Patna High Court CR. MISC. No.46352 of 2026(2) dt.20-07-2026 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T