Patna High Court
Baliram Singh @ Balram SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000, two sureties and conditions under Section 482(2) of the B.N.S.S.
Summary
Baliram Singh was arrested in connection with a case alleging assault and attempted molestation, with the prosecution alleging he inflicted a blow on the informant's head and caused injuries to the informant, his wife and daughter. The petitioner contended that the FIR was lodged nine days after the incident without satisfactory explanation, that the injuries were minor, and that the case was a false retaliation to pressure him into compromising a prior case. The State opposed the bail application. The court, noting the simple nature of the injuries, the possibility of false accusation, and the petitioner’s antecedent case, ordered bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S. The bail order required the petitioner to appear before the trial court as required.
Issues considered
- Whether bail should be granted to the petitioner given the alleged offences and the nature of injuries.
- Whether the delay in filing the FIR and the claim of false accusation warrant bail.
Legislation cited
- Bihar Negotiable Sale (BNS) — s. 109, 115, 118, 126, 3, 303, 324, 352, 482, 74
Subjects
- bail
- false accusation
- assault
- delay in FIR
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16322 of 2026
Arising Out of PS. Case No.-266 Year-2025 Thana- TARAIYA District- Saran
======================================================
Baliram Singh @ Balram Singh Son of Rajdeo Singh Resident of Village-
Sangrampur PS -Taraiya District -Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Yugal Kishore, Adv.
For the Opposite Party/s : Mr.Jai Narain Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
02. In the present case, the petitioner is apprehending
his arrest in connection with Taraiya P.S. Case No. 266 of 2025
registered for the alleged offences under Section 126(2), 115(2),
118(1), 74, 324, 303(2), 109, 352, 3(5) of the BNS.
03. As per prosecution case, while the informant and his
wife had been working in the field, coaccused Shailesh Kumar
entered into his house with wrong intention and tried to molest the
daughter of the informant. When the informant and his wife
reached their house on alarm being raised by their daughter, they
were assaulted by the petitioner and other coaccused persons. The
petitioner gave a tangi blow on the head of the informant and the
informant, his wife and his daughter were further assaulted
Patna High Court CR. MISC. No.16322 of 2026(2) dt.06-04-2026
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causing injuries to them.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this case.
The FIR has been lodged after a delay of nine days without any
satisfactory explanation for the same. The present case is the
counter blast of Taraiya P.S. Case No. 49 of 2025 which was
lodged on 19.02.2025 under section 126(2), 115(2), 303(2), 352,
351(2), 3(5) of the BNS and in order to pressurize the petitioner to
compromise the said case, this false case has been lodged. The
injury report of the victims show simple injuries received by them
and there is no sharp cut injury on the head of the informant
though one scalp wound of size 1 1/2”x1/4”x1/4” has been found
which falsifies the allegation that the petitioner gave a tangi blow
on the head of the informant. The petitioner is having antecedent
of one case in which he is on bail.
05. Learned A.P.P. for the State opposes the submission
made on behalf of the learned counsel for the petitioner.
06. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
simple and non-serious nature of injuries received by the victim
and also considering the previously instituted case by the
petitioner side and further considering the possibility of false
accusation, let the petitioner above named, in the event of his
Patna High Court CR. MISC. No.16322 of 2026(2) dt.06-04-2026
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arrest or surrender before the court concerned within a period of
eight weeks from today, be released on bail, on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two
sureties of the like amount each to the satisfaction of Court of
learned ACJM-13, Saran at Chapra in connection with Taraiya P.S.
Case No. 266 of 2025, subject to the condition laid down under
Section 482(2) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a
close relative of the petitioner.
(ii) The petitioner will remain
present on each and every date
fixed by the court below, if so
required by the learned trial
court.
(Arun Kumar Jha, J)
Anuradha/-
U T
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