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Patna High Court

Balram Mahto @ Balram Prasad @ Baliram MahatoversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioner is entitled to regular bail in the present case.

Summary

Balram Mahto was arrested in connection with an assault case (PS Case No. 502 of 2025) alleging assault on an informant and tearing her blouse, with charges under sections 126(2), 115(2), 110, 76, 303(2), 352 and 3(5) of the Bihar Penal Code. The petitioner sought regular bail, claiming innocence, no prior criminal record, and that the informant's injuries were minor. The State opposed bail, arguing the seriousness of the offences. The court examined the injury report, the lack of antecedents, and the fact that the petitioner had been in judicial custody since 11 March 2026. Finding the circumstances favorable, the court granted regular bail on a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether the petitioner is entitled to regular bail despite the serious nature of the offences charged

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • injury
  • judicial custody
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29888 of 2026
                    Arising Out of PS. Case No.-502 Year-2025 Thana- CHAPRA TOWN District- Saran
                 ======================================================
                 Balram Mahto @ Balram Prasad @ Baliram Mahato S/o- Late Parshuram
                 Prasad R/O vill- Sahebganj Chowk PS- Town Distt- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shekhar Harshvardhan, Advocate
                 For the Opposite Party/s :      Mr. Raj Ballabh Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   07-05-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 126(2),

                   115(2),110, 76, 303(2), 352 and 3(5) of BNS.

                                3. The case of the prosecution is that the petitioner has

                   assaulted the informant and he has also torn her blouse. It is

                   further alleged that the family members of the petitioner have

                   also assaulted the informant.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has submitted that from perusal of the

                   injury report, it transpires that the nature of injury of the

                   informant is simple. A statement has been made in para-3 of this
            Patna High Court CR. MISC. No.29888 of 2026(2) dt.07-05-2026
                                                        2/2




                      petition that the petitioner has got no criminal antecedent.

                      Moreover, he is languishing in judicial custody since

                      11.03.2026.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail. The above named

                      petitioner is directed to be released on bail in connection with

                      Town P.S. Case No. 502 of 2025 on furnishing bail bond of

                      Rs.10,000/- (ten thousand) with two sureties of the like amount

                      each to the satisfaction of learned ACJM, Saran at Chapra.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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