Patna High CourtCR. MISC./52519/2025bail granted

Baleshwar Prasad @ Bali Prasad v. The State Of Bihar

2025-10-15Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52519 of 2025 Arising Out of PS. Case No.-455 Year-2024 Thana- SIRDALA District- Nawada ====================================================== Baleshwar Prasad @ Bali Prasad, Male, aged about 39 years, Son of Late Bundi Prasad, Resident of Village- Chapri, P.S.- Sirdalla, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Onkar Nath, Advocate For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP For the Informant :

Mr. Bipin Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant.

2. The petitioner seeks bail in connection with Sirdalla P.S. Case No. 455 of 2024 instituted for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 117(2),109, 74, 352 and 351(2) of the BNS, 2023.

3. As per the prosecution case, the allegation against the petitioner is that he assaulted Lalita Devi on her head by means of khanti.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence and has falsely been implicated in this case due to family dispute. He submits that the allegation against the petitioner is to cause injury to the informant's wife and as per the injury report the

Patna High Court CR. MISC. No.52519 of 2025(3) dt.15-10-2025 2/3 opinion is reserved. Petitioner has got clean antecedent as stated in para 3 of the petition is in custody since 09.03.2025.

5. Learned APP for the State and learned counsel for the informant vehemently opposed the prayer for bail and submits that the petitioner does not deserve the grant of bail.

6. From perusal of the FIR, case diary, injury report and the impugned order of the learned District and Additional Sessions Judge-II, Nawada dated 28.06.2025, it appears that on the basis of written report of the informant, FIR has been registered under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 117(2),109, 74, 352 and 351(2) of the BNS, 2023 against 13 co-accused persons including the present petitioner. The allegation against the petitioner is that he assaulted by Khanti upon Lalita Devi on head. From perusal of the injury report which is annexed in the case diary, it also appears that lacerated wound on mid head 2"x2"x skindeep and the opinion is reserved and there is no any repetition of blow against the petitioner, so considering all these aspects of the case and submissions of learned counsel for the petitioner, I am inclined to grant bail to the petitioner.

7. Accordingly the prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on

Patna High Court CR. MISC. No.52519 of 2025(3) dt.15-10-2025 3/3 furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Nawada in connection with Sirdalla P.S. Case No. 455 of 2024.

(Ramesh Chand Malviya, J) Anand Kr.

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