Gulbahar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67773 of 2025 Arising Out of PS. Case No.-150 Year-2025 Thana- BASANTPUR District- Siwan ====================================================== Gulbahar Prasad S/O Late Raushan Prasad @ Roshan Prasad Resident of Village- Khawaspur, P.S.- Lakri Naviganj, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mithilesh Kumar Upadhyay, Advocate Ms. Tetara Kumari, Advocate Mr. Raju Prasad, Advocate For the Opposite Party/s :

Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Basantpur P.S. Case No. 150 of 2025, instituted for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that on account of land dispute, all the 14 FIR named accused persons including this petitioner assaulted informant and other family members.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that no specific allegation has been

Patna High Court CR. MISC. No.67773 of 2025(2) dt.18-09-2025 2/2 attributed against the petitioner rather the same is general and omnibus in nature. Specific allegation of assault is against other co-accused person. It is next submitted that there is case and counter case between the parties. The petitioner is in custody since 01.07.2025 and has got one criminal antecedent. Learned counsel for the petitioner further submits that other co-accused have been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 09.09.2025 passed in Cr. Misc. No. 51336 of 2025.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Basantpur P.S. Case No. 150 of 2025.

(Rudra Prakash Mishra, J) Rajorshi/- U T