Patna High Court
Biresh Mahto @ Balram PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted regular bail to the petitioner.
Summary
The Patna High Court considered a regular bail application filed by Biresh Mahto (Balram Prasad) in PS Manpur Case No. 77 of 2025, where he is charged under Sections 191(2), 191(3), 190, 126(2), 127(2), 115(2) and 109 of the Bharatiya Nyaya Sanhita, 2023 for allegedly shooting a victim in the leg. The petitioner has been in custody since 15 January 2026 and suffers from a serious heart condition, having undergone bypass surgery. The prosecution opposed bail, while the petitioner highlighted a counter‑case (Case No. 76 of 2025) in which his brother was injured, alleging involvement of the informant’s family. Weighing the seriousness of the allegations, the petitioner’s medical condition and the existence of the counter‑case, the Court allowed the regular bail. The order directed his release on a bond of Rs 10,000 with two sureties and noted that its observations are prima facie and will not affect the trial.
Issues considered
- Whether regular bail should be granted to the accused under the listed sections of the Bharatiya Nyaya Sanhita, 2023 considering the seriousness of the offence, the petitioner’s medical condition, and the existence of a counter‑case.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 127(2), 190, 191(2), 191(3)
Subjects
- regular bail
- Bharatiya Nyaya Sanhita
- medical condition
- counter case
- surety
- criminal procedure
- shooting offence
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22185 of 2026
Arising Out of PS. Case No.-77 Year-2025 Thana- MANPUR District- Nalanda
======================================================
Biresh Mahto @ Balram Prasad Son of Awadh Kishore Mahto Resident Of
Village- Bhojpur (Belchhi) Ps -Manpur District -Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Tannu, Advocate
Mr. Sudhir Kumar
For the Opposite Party/s : Mr. Jai Narain Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Manpur P.S. Case No. 77 of 2025 registered for the offence
under Section(s) 191(2), 191(3), 190, 126(2), 127(2), 115(2),
109 of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioner is alleged
to have shot the victim in her leg.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 15.01.2026. It is further submitted
that there is a counter case which was registered as Manpur P.S.
Case No. 76 of 2025, in which the brother of the petitioner
sustained bullet injuries to vital parts of the body, allegedly
caused by the family members of the informant. She also
Patna High Court CR. MISC. No.22185 of 2026(2) dt.09-04-2026
2/2
submits that the petitioner is a heart patient and has undergone
bypass surgery.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances,
the nature of the allegation, the counter case and the medical
condition of the petitioner, this application for regular bail is
allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds 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 Manpur P.S. Case
No. 77 of 2025.
8. It is made clear that any observation made herein is
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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