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Patna High Court

Baleshwar Turi @ Baleshwar TuriyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail is warranted as the allegations lack prima facie evidence and the Court may exercise its inherent powers under Section 482(2) of the BNSS.

Summary

The petitioners, Baleshwar Turi and his wife Amiya Devi, sought anticipatory bail fearing arrest in a case (Gurpa P.S. Case No. 29 of 2026) alleging offences under Sections 324(4), 326(g), 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioners, along with others, vandalised an informant's house, damaged a hand pump, filled a borewell with bricks, set fire to articles and stole jewellery and cash. The petitioners contended they were falsely implicated due to a family land dispute and claimed prior false cases had been filed against them. The State opposed the bail, but the Court noted that no material evidence was found at the scene and that the allegations were prima facie unsubstantiated. Relying on the discretion under Section 482(2) of the BNSS, the Court granted anticipatory bail with conditions, emphasizing that its observations were limited to the bail application and not on the merits of the case.

Issues considered

  • Whether anticipatory bail should be granted in a case involving alleged offences under Sections 324(4), 326(g), 303(2) and 3(5) of the BNSS.
  • Whether the allegations constitute a prima facie case warranting arrest.
  • Whether Section 482(2) of the BNSS empowers the Court to discharge the petitioners on bail pending trial.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • BNSS
  • false implication
  • property dispute
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38179 of 2026
                          Arising Out of PS. Case No.-29 Year-2026 Thana- Gurupa District- Gaya
                 ======================================================
           1.     Baleshwar Turi @ Baleshwar Turiya Son of Harigilas Turi @ Harivilas Turi
                  Resident of Village- Telani, P.S.- Gurpa, District- Gaya.
           2.    Amiya Devi @ Ambiya Devi Wife of Baleshwar Turi @ Baleshwar Turiya
                 Resident of Village- Telani, P.S.- Gurpa, District- Gaya.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Anil Kumar
                 For the Opposite Party/s :        Mr. Ram Sevak Choudhary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-06-2026                  Heard the learned counsel for the petitioners and

                   learned counsel for the State.

                                2. The petitioners apprehend arrest in connection with

                   Gurpa P.S. Case No. 29 of 2026 registered for offences under

                   Sections 324(4), 326(g), 303(2) and 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. As per the prosecution case, the petitioners, along

                   with others, entered the informant’s house, broke its roof and

                   uprooted the hand pump installed outside. They also filled the

                   borewell with bricks and stones. Thereafter, they set fire to the

                   household articles and allegedly stole jewellery and cash kept in

                   the house.
Patna High Court CR. MISC. No.38179 of 2026(2) dt.16-06-2026
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                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have not committed any offence. It

          is further submitted that they have been falsely implicated in the

          present case on account of a family dispute relating to purchased

          land properties. He also contends that earlier also two false

          cases were instituted at the instance of the prosecution.

                       5. Learned APP for the State has vehemently opposed

          the prayer for bail.

                       6. I have considered the submissions of the parties and

          have gone through the records of the case. From the impugned

          order, it appears that nothing has been found at the place of

          occurrence.

                       7. Considering the facts and circumstances of the

          case, this application for anticipatory bail is allowed.

                       8. Accordingly, let the petitioners, above-named, in

          the event of their arrest or surrender within four weeks from

          today in the Court below, be released on bail on furnishing bail

          bonds of Rs.10,000/- (Rupees ten thousand) each 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 Gurpa P.S. Case No. 29 of 2026 subject to the

          conditions as laid down under Section 482(2) of the BNSS.
            Patna High Court CR. MISC. No.38179 of 2026(2) dt.16-06-2026
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                                   9. 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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