Patna High Court
Lalo MistriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the regular bail application with specified conditions.
Summary
Lalo Mistri was charged in Supaul P.S. Case No. 65 of 2025 under several offences of the Bharatiya Nyaya Sanhita, 2023, including assault and grievous hurt. After his earlier bail application was rejected, he filed a second regular bail petition, claiming innocence, a clean record, and willingness to pay Rs. 25,000 as compensation to the informant. The State opposed the bail, but the court, considering the length of custody and the petitioner’s circumstances, granted bail on a bond of Rs. 10,000 with two sureties and imposed conditions of payment of the compensation and regular appearance in trial. The court clarified that its observations were prima facie and not a determination on the merits of the case. The bail order was conditioned on compliance, with cancellation possible for non‑cooperation.
Issues considered
- Whether regular bail should be granted to an accused facing multiple serious offences under the Bharatiya Nyaya Sanhita, 2023.
- Whether the conditions imposed, including payment of compensation and surety requirements, are appropriate for granting bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 3(5), 352
Subjects
- regular bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- compensation
- surety
- trial cooperation
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39959 of 2026
Arising Out of PS. Case No.-65 Year-2025 Thana- SUPAUL District- Supaul
======================================================
Lalo Mistri Son of Late Raghunath Mistri Resident of Village - Raghopur,
Ward No. - 14, P.S. -Supaul, District - Supaul, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kuldeep Kumar
For the Opposite Party/s : Mr. Ram Sumiran Rai
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 07-07-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. This is the 2nd attempt of the petitioner for regular
bail in connection with Supaul P.S. Case No. 65 of 2025
registered for the offence under Sections 126(2), 115(2), 118(1),
117(2), 109, 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
Earlier the bail application of the petitioner was rejected on
03.09.2025 in Cr. Misc. No. 42669 of 2025.
3. As per the prosecution case, the petitioner is
accused of fracturing the nose after stabbing the victim.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence. It is
further submitted that the petitioner has been in judicial custody
since 11.02.2025 and has a clean antecedent. Learned counsel
Patna High Court CR. MISC. No.39959 of 2026(2) dt.07-07-2026
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further submits that, without admitting or accepting his guilt, the
petitioner is willing to pay a sum of Rs. 25,000/- to the
informant as compensation.
5. Learned A.P.P. has vehemently opposed the prayer
for bail.
6. Considering the aforesaid facts and circumstances
and the period of custody, this application for regular bail is
allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand)with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Supaul P.S. Case
No. 65 of 2025 subject to condition that:-
(i) At the time of furnishing the
bail bonds, the petitioner shall produce a
demand draft of Rs. 25,000/- in the name of
the informant. Upon verification of its
genuineness, the Court below shall hand
over the demand draft to the informant.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
8. It is made clear that any observation made herein is
Patna High Court CR. MISC. No.39959 of 2026(2) dt.07-07-2026
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prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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