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Patna High Court

Talu Hansda @ Iliyas Hansda @ Talu HasdaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner with conditions, subject to possible cancellation if he attempts to delay the trial.

Summary

The petitioner, Talu Hansda, was arrested in connection with a violent altercation that resulted in multiple injuries and was charged under several sections of the Bihar Penal Code, including 191(2), 191(3), 190, 126(2), 115(2), 118(1), 109(1), 76, 352 and 351(2). He pleaded that he has a clean record, has been in custody since 15‑10‑2025, and that the allegations, particularly the claim that he stabbed Sumi Murmu, are inconsistent with the medical report indicating a blunt‑force injury. The State opposed bail, arguing the seriousness of the offences. The court examined the submissions, noted the lack of evidence of a knife injury, and considered the petitioner’s cooperation prospects. It ordered his release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the trial court’s power to cancel bail if he attempts to delay the trial. The order emphasized that bail could be revoked if the petitioner tries to obstruct the proceedings.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged with multiple serious offences under the Bihar Penal Code
  • Whether the alleged nature of the injury to Sumi Murmu undermines the seriousness of the charge
  • Whether the petitioner poses a risk of absconding or tampering with the trial

Subjects

  • bail
  • criminal procedure
  • Bihar Penal Code
  • serious offences
  • injury evidence
  • court discretion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6833 of 2026
                      Arising Out of PS. Case No.-71 Year-2025 Thana- POTHIYA District- Kishanganj
                 ======================================================
                 Talu Hansda @ Iliyas Hansda @ Talu Hasda S/O Alfren @ Alfren Hansda @
                 Alfrad @ Alfareat Hasda R/O Vill. - Kachchakhuwa, Ward No. - 09, Thana -
                 Pothia, District - Kishanganj
                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ram Prawesh Kumar, Advocate
                 For the Opposite Party/s :        Mr. Raj Kishor Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 191(2), 191(3), 190, 126(2),

                   115(2), 118(1), 109(1), 76, 352 and 351(2) of the BNS.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is in custody

                   since 15.10.2025 and the informant alleges that accused persons

                   blocked his road on account of which an altercation took place

                   and Sales Hansda assaulted the informant by an iron rod causing

                   injury on head while Daniyal Hansda assaulted Raju Marandi by

                   sword causing injury on his hand and leg. Thereafter, Fulman

                   Hansda assaulted Ram Marandi by axe causing injury on his
Patna High Court CR. MISC. No.6833 of 2026(2) dt.22-04-2026
                                            2/3




          head and petitioner assaulted Sumi Murmu by knife causing

          injury on her head while Seema Tudu snatched silver chain from

          Sumi Murmu.

                       4. Learned counsel for the petitioner submits that

          from perusal of the allegation as alleged in the FIR, it would

          manifest that on account of dispute relating to blockage of road,

          an altercation took place in which the side of the petitioner is

          alleged to have assaulted the side of the informant. It is further

          submitted that petitioner is alleged to have assaulted Sumi

          Murmu by knife causing injury on head but then from perusal of

          the order impugned, it would manifest that the injury sustained

          by Sumi Murmu is a lacerated wound and lacerated wound is

          caused by hard blunt substance. It is, thus, submitted that in

          order to give seriousness to the case, it has been falsely alleged

          that petitioner assaulted Sumi Murmu by knife. It is fairly

          submitted that injury suffered by Sumi Murmu has been opined

          to be dangerous to life but then petitioner is not a criminal. It is

          next submitted that if the privilege of regular bail is granted to

          the petitioner, the petitioner will not abscond rather will

          cooperate in the trial to prove his innocence.

                       5. Learned A.P.P. for the State vehemently opposes

          the prayer for regular bail of the petitioner.
           Patna High Court CR. MISC. No.6833 of 2026(2) dt.22-04-2026
                                                       3/3




                                  6. Considering the submissions made by the learned

                     counsel appearing on behalf of the petitioner, the petitioner,

                     above-named, is directed to be released on bail on furnishing

                     bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two

                     sureties of the like amount each to the satisfaction of the learned

                     Trial Court where the case is pending in connection with Pothia

                     P.S. Case No. 71 of 2025.

                                  7. However, it is made clear that if the learned Trial

                     Court comes to a conclusion that petitioner, after his release on

                     regular bail, is trying to delay the framing of charge or after

                     framing of charge is trying to delay the trial of the case in any

                     manner, the learned Trial Court shall be at liberty to cancel the

                     bail bonds of the petitioner.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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