Patna High Court
UMESH PRASADversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court inclined to grant bail to the petitioner, subject to a bail bond and sureties.
Summary
Umesh Prasad was arrested in connection with a land dispute where he was alleged to have stabbed the informant's nephew, causing grievous injuries. The prosecution charged him under Sections 126(2), 115(2), 118(1), 109, 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioner contended that he was falsely implicated, that the allegations were general and omnibus, and that he had been in custody since 24 July 2025 with a prior criminal antecedent. The State opposed bail, citing the seriousness of the offences. Considering the case‑and‑counter‑case, the period of custody, and the circumstances, the Court decided to grant bail, ordering the petitioner to furnish a bail bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused in view of the offences alleged under the Bharatiya Nyaya Sanhita, 2023 and the surrounding circumstances.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 3(5), 352
Subjects
- bail
- criminal law
- land dispute
- assault
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72772 of 2025
Arising Out of PS. Case No.-402 Year-2025 Thana- MUFFASIL District- West Champaran
======================================================
UMESH PRASAD S/O DHRUV MAHTO @ DHRUV PRASAD R/O
VILLAGE - SURAJPUR, PAKHANAHA, POLICE STATION -SRINAGAR,
DISTRICT- WEST CHAMPARAN
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvesh Kashyap, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 13-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Bettiah
Muffasil P.S. Case No. 402 of 2025 instituted for the offences
under Sections 126(2), 115(2), 118(1), 109, 352, 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. Prosecution case, in short, is that on demanding the
balance sale consideration of land, the informant and his
nephew were abused and assaulted by the co-accused, and
Umesh Prasad, petitioner herein, allegedly stabbed the nephew
with a knife causing injuries.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case due to
previous land dispute between the parties. Learned counsel for
Patna High Court CR. MISC. No.72772 of 2025(3) dt.13-01-2026
2/2
the petitioner submits that general and omnibus allegation has
been made against the petitioner. The only specific allegation
agianst the petitioner is that he stabbed the informant’s nephew
with knife. It is further submitted that the informant’s nephew
sustained grievous injuries. There is case and counter case
between the parties. It has been submitted on behalf of the
petitioner that the petitioner is in custody since 24.07.2025 and
has one criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, case and counter-case between the parties as also the
period of custody undergone by the petitioner, this Court is
inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bettiah Muffasil P.S.
Case No. 402 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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