Patna High Court
Baleshwar RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 121(1), 121(2), 132, 190, 191(2), 191(3), 324(5)
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
Checking your session…