Patna High Court
Bablu Kumar @ Galar KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted anticipatory bail to petitioners 1‑3 and denied anticipatory bail to petitioner 4.
Summary
The petitioners (Bablu Kumar, Gopal Singh, Bittu Kumar) sought anticipatory bail in connection with a police case (Baniyapur PS Case No. 533/2024) involving alleged offences under several sections of the Bihar Penal Code. They argued that the FIR did not specifically allege their involvement, the injury reports showed only simple injuries, and they had no prior criminal record, making the charge of assault under section 109 untenable. The State opposed the bail. The Court, after considering the submissions, granted anticipatory bail to petitioners 1‑3 subject to a bond of Rs.20,000 with two sureties and conditions under Section 482(2) of the BNSS. Petitioner 4 (Ratnesh Kumar Singh) was found to have a specific allegation of assault with an iron pipe corroborated by the injury report and a prior criminal case, and his anticipatory bail was denied, though he was allowed to surrender within four weeks for a regular bail hearing. The order was pronounced by Justice Shailendra Singh.
Issues considered
- Whether anticipatory bail can be granted to petitioners 1‑3 under Section 482(2) given the lack of specific allegation and simple nature of injuries.
- Whether petitioner 4 should be denied anticipatory bail due to a specific allegation of assault and prior criminal antecedent.
Legislation cited
- Bihar Penal Code (BNS) — s. 109, 115(2), 117(2), 127(1), 3(5), 351(2), 352, 76
Subjects
- anticipatory bail
- Section 482(2)
- FIR
- injury report
- criminal antecedent
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13140 of 2026
Arising Out of PS. Case No.-533 Year-2024 Thana- BANIAPUR District- Saran
======================================================
1. Bablu Kumar @ Galar Kumar S/o Shambhu Singh R/o Village - Bhakura,
P.S - Baniyapur, District - Saran
2. Gopal Singh S/o Harendra Singh R/o Village - Bhakura, P.S - Baniyapur,
District - Saran
3. Bittu Kumar @ Bittu Sharma S/o Santosh Sharma R/o Village - Bhakura,
P.S - Baniyapur, District - Saran
4. Ratnesh Kumar Singh @ Ratnesh Kumar S/o Ajay Singh R/o Village -
Bhakura, P.S - Baniyapur, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjay Kumar Tiwary, Adv.
For the Opposite Party/s : Mr.Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 26-02-2026 Heard the parties.
2. The petitioners apprehend their arrest in connection
with Baniyapur P.S. Case No. 533/ 2024 registered for the
offence(s) punishable under Section(s) 127(1), 115(2), 117(2),
109, 76, 351(2), 352 and 3(5) of the BNS.
3. Learned counsel for the petitioners submits that
against the petitioners nos. 1 to 3, there is no specific allegation
in the FIR, three persons including the informant are said to
have sustained injuries in the alleged occurrence whose injury
reports have been filed with this petition as Annexure P/2 series
Patna High Court CR. MISC. No.13140 of 2026(2) dt.26-02-2026
2/3
which show that all the said injured sustained simple injuries,
petitioners nos.1 to 3 have no criminal antecedent. It is further
submitted that the nature of the injuries found on the person of
the injured does not corroborate the manner of assault as alleged
in the FIR and the offence under section 109 of the BNS is not
made out against the petitioners.
4. Learned APP appearing for the State has opposed
the bail prayer of the petitioners
5. In the facts and circumstances of this case and
considering the aforesaid submissions, the pleas taken by the
petitioners in their application coupled with the nature of
allegations appearing against petitioners nos.1 to 3, this court is
inclined to grant the relief of anticipatory bail to them.
Accordingly, let the petitioners nos. 1 to 3, above-named, in the
event of their arrest/surrender before the learned court below
within a period of six weeks from today, be released on
anticipatory bail in connection with Baniyapur P.S. Case No.
533/ 2024 on furnishing bail bonds of Rs. 20,000/- (Rupees
Twenty Thousand) each with two sureties of the like amount
each to the satisfaction of the Court concerned, subject to the
conditions as laid down under Section 482(2) of the BNSS.
6. So far as petitioner no. 4 is concerned, there is
Patna High Court CR. MISC. No.13140 of 2026(2) dt.26-02-2026
3/3
specific allegation against him that he assaulted at the head of
the informant with iron pipe which gets corroboration from the
injury report of the informant and further, he has criminal
antecedent of one case, so, he does not deserve to the privilege
of anticipatory bail. Accordingly, his prayer stands rejected.
7. However, considering the young age of petitioner
no.4, he is given a liberty to surrender before the trial court and
if he avails this liberty within next four weeks then the trial
court will decide his regular bail prayer on merit without being
prejudiced from the order of this Court.
(Shailendra Singh, J)
BKS/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.