Patna High Court

Baleshwar BindversusThe State of Bihar

Decided: 24 February 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The court held that bail should be granted to the petitioners.

Summary

The petitioners, Baleshwar Bind and his sons, were charged under multiple sections of the Bharatiya Nyaya Sanhita for assaulting an informant and his wife during a neighbour dispute over a missing buffalo. They sought bail, claiming innocence, a settled compromise between the parties, and a clean antecedent. The prosecution opposed bail, emphasizing the nature of the injuries. The court examined the seriousness of the injuries, the petitioners' clean record, and the existence of a compromise. Considering these factors, the court ordered bail on the condition of a Rs.10,000 bond with two sureties. The bail order was directed to be executed by the Judicial Magistrate‑I, Hilsa, Nalanda.

Issues considered

Whether the petitioners are entitled to bail pending trial for offences under the Bharatiya Nyaya Sanhita despite alleged assault injuries
Whether the existence of a compromise between the parties and the petitioners' clean antecedent justify bail

Legislation cited

Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 117(2), 118(1), 126(2), 329(4), 3(5), 351(2), 352

Subjects

bail
criminal procedure
Bharatiya Nyaya Sanhita
assault
neighbour dispute
compromise
injury

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10873 of 2026
                    Arising Out of PS. Case No.-304 Year-2025 Thana- NAGARNAUSA District- Nalanda
                 ======================================================
           1.     Baleshwar Bind S/O Late Sharan Bind R/O Ahiyatpur, P.s.- Nagarnausa,
                  District- Nalanda
           2.    Bhajju Bind S/O Baleshwar Bind R/O Ahiyatpur, P.s.- Nagarnausa, District-
                 Nalanda
           3.    Chhotu bind S/O Baleshwar Bind R/O Ahiyatpur, P.s.- Nagarnausa, District-
                 Nalanda

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bimlesh Kumar Pandey, Advocate
                 For the Opposite Party/s :      Mr. Kalyan Shankar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   24-02-2026                     Heard learned counsel for the petitioners and

                   learned Additional Public Prosecutor for the State.

                                2. The petitioners seek bail in a case registered for the

                   offences punishable under Sections 109(1), 126(2), 115(2),

                   117(2), 118(1), 329(4), 352, 351(2) and 3(5) of the Bharatiya

                   Nyaya Sanhita

                                3. The prosecution case, in brief, is that on 12.12.2025

                   at about 6:00 p.m., these petitioners along with co-accused

                   Kallu Bind came at the house of informant and started abusing

                   him. On protest made by the informant, petitioner no. 1

                   assaulted on the head of informant causing injury to him. It is
Patna High Court CR. MISC. No.10873 of 2026(2) dt.24-02-2026
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          alleged that petitioner nos. 2 & 3 and co-accused Kallu Bind

          assaulted the wife of the informant causing head injury to her.

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and have falsely been implicated in the

          present case due to enmity. As a matter of fact, both the parties

          are neighbours and on account of trivial issue with regard to

          buffalo missing, an altercation took place between them in

          which both sides sustained injuries. There is case and counter

          case. Injuries to the injured are simple in nature. Further

          submission is that both the parties have resolved their dispute

          and on good sense being developed, they have compromised the

          present case (Annexure-5). Petitioners are in custody since

          15.12.2025 having clean antecedent and they undertake to co-

          operate in the trial.

                        5. Learned A.P.P. appearing on behalf of the State

          opposed the prayer for bail.

                       6. Having considered the aforesaid facts and

          circumstances of the case, nature of injury to the injured and

          clean antecedent of the petitioners, let the above named

          petitioners be released on bail on furnishing bail bonds of Rs.

          10,000/- (ten thousand) each with two sureties of the like

          amount each to the satisfaction of learned Judicial Magistrate-I,
            Patna High Court CR. MISC. No.10873 of 2026(2) dt.24-02-2026
                                                        3/3




                      Hilsa, Nalanda in connection with Nagarnausa P.S. Case No.

                      304 of 2025.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T

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