Patna High Court
Bhim Bali NutversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court inclined to grant bail to the petitioner, subject to monetary sureties and conditions of appearance.
Summary
The petitioner, Bhim Bali Nut, was arrested in connection with a case involving multiple offences under the Indian Penal Code and the Bihar Prohibition and Excise Act, alleged to have arisen from a mob assault on police. The prosecution alleged that the accused, along with a large group, threw stones and assaulted police, causing injuries. The petitioner contended that he was falsely implicated, that no incriminating material was recovered from his possession, and that identification among the mob of 35‑40 persons was impossible; he also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application, emphasizing the seriousness of the charges and the petitioner’s four prior criminal antecedents. After considering the circumstances, the court found the petitioner's arguments persuasive enough to grant bail, subject to monetary sureties and strict compliance conditions. The bail order required the petitioner to appear at every trial date and allowed cancellation of bail upon default on two consecutive appearances.
Issues considered
- What is the appropriateness of granting bail to an accused facing multiple serious offences under the IPC and the Bihar Prohibition and Excise Act?
- Does the lack of specific identification of the petitioner within the alleged mob justify bail?
- Is the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, a bar to bail?
- How do the petitioner’s prior criminal antecedents affect the bail decision?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Indian Penal Code — s. 147, 149, 307, 323, 337, 341, 353, 504, 506
Subjects
- bail
- Indian Penal Code
- Bihar Prohibition and Excise Act
- identification of accused
- Section 103 BNSS
- prior criminal antecedents
- mob assault on police
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85312 of 2025
Arising Out of PS. Case No.-832 Year-2020 Thana- MADHAURAH District- Saran
======================================================
Bhim Bali Nut S/O Dinesh Nut R/O Village- Mirjapur Vajit Bhoraha, P.S-
Marhowrah, Distt.- Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nalin Kumar, Adv.
For the Opposite Party/s : Mr. Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 22-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Marhowrah P.S. Case No. 832 of 2020 instituted for the offences
punishable under Sections 147, 149, 341, 323, 337, 307, 353,
504, 506 of the Indian Penal Code and Section 45 of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that, the informant
alleges that police had gone to arrest the accused persons of
Marhowrah P.S. Case No. 829 of 2020 but the accused persons
along with other persons started throwing stones on the police
party and they assaulted police party with lathi, danda on
account of which police sustained injury.
Patna High Court CR. MISC. No.85312 of 2025(3) dt.22-01-2026
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4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating article or illegal liquor has been
recovered from the possession or house of the petitioner. The
allegation against the petitioner is general and omnibus in nature
and it is impossible to identify the person from the mob of 35-40
person with his address and parentage. The petitioner is in
custody since 15.11.2025 and has got four criminal antecedents.
There is no compliance of Section 103 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
5. Learned APP 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 and taking into account 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. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Marhowrah P.S.
Case No. 832 of 2020, subject to the following conditions:
(I) One of the bailors shall be own/close member of
Patna High Court CR. MISC. No.85312 of 2025(3) dt.22-01-2026
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the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Siddharth Soni/-
U T
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