Patna High Court
Lalbabu PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted bail to the petitioner, directing him to furnish a bail bond of Rs. 10,000 with two sureties.
Summary
The petitioner, Lalbabu Prasad, applied for bail in a case registered under Sections 126(2), 115(2), 118(1), 109, 303(2), 352 and 351(1) of the Bhartiya Nyaya Sanhita, 2023, alleging that he assaulted an informant with an iron rod. The prosecution alleged that the assault caused head injury, while the petitioner’s counsel argued that the medical report showed only injuries to the finger and shoulder and no definitive head injury. The counsel also highlighted a land dispute between the parties and a counter‑version of events, noting that the petitioner had been in custody since 25‑11‑2025 and was on bail in a separate case. The State opposed bail, emphasizing the seriousness of the offences. Considering the lack of conclusive evidence of serious injury and the nature of the injuries as simple, the court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 10,000 with two sureties of equal amount.
Issues considered
- What is the appropriate bail decision for the petitioner accused of assault under multiple sections of the Bhartiya Nyaya Sanhita, given the nature of alleged injuries and surrounding circumstances?
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 351(1), 352
Subjects
- bail
- assault
- Bhartiya Nyaya Sanhita
- simple injury
- land dispute
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10283 of 2026
Arising Out of PS. Case No.-150 Year-2025 Thana- BASANTPUR District- Siwan
======================================================
Lalbabu Prasad Son of Late Rangilal Prasad R/o Village - Khawaspur, P.S. -
Lakri Naviganj, District - Siwan.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Mithilesh Kumar Upadhya, Advocate
Mrs.Tetara Kumari, Advocate
Mr. Raju Prasad, Advocate
For the Opposite Party/s : Mr. Surendra Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 01-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in connection with
Basantpur P.S. Case No. 150 of 2025, registered for the offence
under Sections 126(2), 115(2), 118(1), 109, 303(2), 352 and
351(1) of the Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, petitioner along with
other named accused persons attacked the informant side. The
specific allegation against the petitioner is that he assaulted on
the head of the informant by means of iron rod causing injury to
him.
4. Learned counsel appearing for the petitioner
submits that although the petitioner is alleged to have assaulted
on the head of the informant by iron rod, but the injury report
Patna High Court CR. MISC. No.10283 of 2026(3) dt.01-04-2026
2/2
suggests no injury specifically on the head of the informant,
although injury was on finger and shoulder and the opinion was
kept reserved, but there is no final report regarding the same.
There happens to be serious land dispute between the parties
and there is counter version of the present occurrence also and
the petitioner is in custody since 25.11.2025 and although he is
accused in one another case, but is on bail in that case.
5. Learned A.P.P. for the State vehemently opposed
the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
as well as the fact that there is no corresponding injury on the
person of the informant and all the injured persons have
received simple injuries, let the, above named, petitioner 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 learned court concerned, in connection with
Basantpur P.S. Case No. 150 of 2025.
(Praveen Kumar, J)
Pawan/-
U T
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