Patna High Court
Balmukund Prasad Gupta @ Balumukund Prasad GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail was granted to the petitioners subject to the conditions prescribed under Section 438(2) CrPC and Section 482 BNSS.
Summary
The petitioners, Balmukund Prasad Gupta and Dhiraj Ranjan, sought bail fearing arrest in Bangaon Police Station Case No. 165 of 2024, which alleged offences under sections 308(2), 308(4), 126(2), 351(2), 352, 115(2) and 3(5) of the Bihar Negotiable Sale and Transfer Act (BNSS). They were accused of torturing the second opposite party, Rupa Kumari, who also claimed the petitioners were involved in the killing of her husband, a separate pending case. The State opposed bail, emphasizing the seriousness of the allegations. The Court, after considering the totality of circumstances, allowed the bail application, directing the petitioners to surrender within four weeks, furnish a bail bond of Rs.10,000 with two sureties, and comply with conditions under Section 438(2) of the CrPC and Section 482 of the BNSS.
Issues considered
- Whether bail should be granted to the petitioners under Section 438(2) of the CrPC and Section 482 of the BNSS despite the serious nature of the alleged offences.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- Criminal Procedure Code
- Section 438
- Section 482
- BNSS
- torture
- serious offences
- pre‑trial liberty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52039 of 2025
Arising Out of PS. Case No.-165 Year-2024 Thana- BANGAWON District- Saharsa
======================================================
1. Balmukund Prasad Gupta @ Balumukund Prasad Gupta son of Late Ganori
Prasad Gupta Village -Bariyahi Bazar Ward NO 5/12 PS -Bangaon District
-Saharsa
2. Dhiraj Ranjan @ Chhotu Son of Balmukund Prasad Gupta @ Balumukund
Prasad Gupta Village -Bariyahi Bazar Ward NO 5/12 PS -Bangaon District
-Saharsa
... ... Petitioner/s
Versus
1. The State of Bihar
2. rupa kumari d/o late saroj kumar r/o bariyahi bazar ward no-5/12 p.s
bangaon dist-saharsa
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Prasad Singh, Adv
Mr. Rakesh Singh, Adv
For the Opposite Party/s : Mr.Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 20-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in connection
with Bangaon P.S.Case No. 165 of 2024 registered for the
offence under sections 308(2), 308(4), 126(2), 351(2), 352,
115(2), 3(5) of BNS.
3. The petitioners are accused of torturing of opposite
party no.2.
4. Learned senior counsel for the petitioners submits
that 8 cases have been filed by the OP no. 2.
Patna High Court CR. MISC. No.52039 of 2025(5) dt.20-02-2026
2/2
5. The learned counsel for the OP no. 2 vehemently
opposes the prayer for bail and submits that the petitioners have
got the husband of the OP no.2 killed for which a separate case
is pending.
6. Considering the totality of the circumstances and
the allegations, this application is allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- ( ten thousand) with two sureties of the
like amount each to the satisfaction of the Additional Chief
Judicial Magistrate 1st Saharsa/ concerned court below in
connection with Bangaon P.S.Case No. 165 of 2024, subject to
the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973/ Section 482 of the BNSS.
(Sandeep Kumar, J)
N.K/-
U T
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