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Patna High Court

Baleshwar RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to bail as there is no specific case against him and he has clean antecedents.

Summary

The petitioner, Baleshwar Ram, was arrested in connection with a mob attack on the Dinara Police Station, where about 200 persons assaulted officers and ransacked the station. The FIR initially named 52 persons and 100 unknown individuals, but did not name the petitioner; his name surfaced later during investigation. The petitioner argued that there is no specific allegation against him, he resides in a different village, and he has a clean antecedent record, having been in custody since 17‑10‑2025. The prosecution opposed bail, citing the serious offences under the Bharatiya Nyaya Sanhita. The court, after considering the lack of specific evidence against the petitioner and his clean record, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties. The bail application was therefore allowed.

Issues considered

  • Whether the petitioner is entitled to bail despite being later identified in the investigation and the seriousness of the offences alleged?

Legislation cited

Subjects

  • bail
  • criminal law
  • mob violence
  • police station assault
  • Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5055 of 2026
                        Arising Out of PS. Case No.-364 Year-2025 Thana- DINARA District- Rohtas
                 ======================================================
                 Baleshwar Ram, aged about 58 years, Male, son of late Ram Sugan Ram,
                 resident of Village -Jigna, PS- Dinara, Dist -Rohtas
                                                                        ... ... Petitioner/s

                                                        Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Kumari Chandna, Advocate
                 For the Opposite Party/s :        Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   28-01-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with S. Tr.

                   No.453 of 2025 arising out of Dinara PS Case No.364 of 2025

                   dated 31.07.2025, instituted for the offence punishable under

                   Sections 191(2), 191(3), 190, 121(1), 121(2), 324(5), 132 and

                   109 of the Bharatiya Nyaya Sanhita, 2023.

                                3. The prosecution case, in brief, is that on the alleged

                   date of occurrence, the informant, who is the ASI, was on duty

                   at the PS and other officials had gone to village Belwaiya to

                   maintain law and order on account of a land dispute. All of

                   sudden, about 200 persons assembled at the gate of the Police

                   Station. The mob while raising slogans attacked the Police

                   Station and assaulted the informant by means of Lathi-Danda.
            Patna High Court CR. MISC. No.5055 of 2026(2) dt.28-01-2026
                                                        2/2




                      The mob also entered into the Police Station and ransacked the

                      Police Station. Later on, the accused persons were identified

                      from CCTV footage and video footage and accordingly, FIR

                      was lodged.

                                   4. Learned counsel for the petitioner submits that the

                      FIR has been lodged against 52 named and 100 unknown

                      persons. Petitioner is not named in the FIR. Name of the

                      petitioner has come during investigation. There is nothing

                      specific against the petitioner. Petitioner is the resident of

                      another village. Lastly, it is submitted that the petitioner is in

                      custody since 17.10.2025 having clean antecedents.

                                   5. Learned APP has opposed the prayer for bail.

                                   6. Having considered the facts and circumstances of

                      the case and submissions of learned counsel for the parties, let

                      the petitioner be released on bail upon furnishing bail bonds of

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

                      each to the satisfaction of the Additional Sessions Judge- 1 st,

                      Bikramganj, Rohtas, in S. Tr. No.453 of 2025 arising out of

                      Dinara PS Case No.364 of 2025.

                                   7. The application stands allowed.


                                                               (Khatim Reza, J)
J. Alam/-
U


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