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2026 Supreme(Online)(Pat) 3222

PATNA HIGH COURT
KHATIM REZA, J
Bindeshwari Prasad – Appellant
Versus
The State of Bihar – Respondent
CRIMINAL MISCELLANEOUS No.4650 of 2026



Advocates:
For the Appellants/Petitioners: Mr. Anil Kumar Singh
For the Respondents: Mr. Satya Nand Shukla, APP

The court determined that the absence of direct allegations against the petitioner warranted bail in the interest of justice.

Headnote:This judgment pertains to the petitioner's appeal for bail in connection with Chiksaura P.S. Case No. 160 of 2025, instituted for offences under various sections of the Bharatiya Nyaya Sanhita, 2023. The facts reveal allegations of assault leading to the informant's father's death. The court found factors that warranted the granting of bail based on the specifics of the case, including the lack of allegations against the petitioner and the duration of custody. The court ruled in favor of the petitioner, permitting bail under specific conditions.

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

2 28-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Chiksaura P.S. Case No. 160 of 2025 dated 08.09.2025, instituted for the offence punishable under Sections 126 (2), 115(2), 103(1), 3(5) of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short is that on 07.09.2025 at about 08:00 pm, when the father of the informant was sitting at his door then the petitioner along with other accused persons armed with weapon came and started abusing and assaulting him. It is further alleged that Bindeshwari Prasad and his son Ashok Prasad caught the hand of informant’s father and Mitranjan Prasad assaulted him by fits on his eye due to which he sustained injury over his eye and fell down. The father of the informant died on the way to hospital.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that there is a specific allegation against co-accused, Mitranjan Prasad that he assaulted with fists on the eye of the informant’s father due to which he sustained injury over his eye and subsequently died on the way to hospital. It is next submitted that there is land dispute between the parties due to which, the petitioner has been falsely made accused in this case. There is no allegation of assault against the petitioner. Lastly, it has been submitted that the petitioner is in custody since 24.09.2025, having one criminal case against him and charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.- I, Hilsa, Nalanda, in Chiksaura P.S. Case No. 160 of 2025.

(Khatim Reza, J)

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