Patna High Court
Babloo MaliversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted to the petitioners subject to bond, sureties and conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioners, six individuals from Bhawanipur village, applied for anticipatory bail in a case registered under multiple sections of the B.N.S. alleging assault, robbery and related offences. They contended that the FIR was lodged eight days after the alleged incident, that they were falsely implicated by a neighbour with whom they had a property dispute, and that any injuries were minor. The State opposed the bail. The Court examined the submissions, noting the delay in filing the FIR and the possibility of false implication, and directed that the petitioners be released on anticipatory bail upon furnishing bail bonds and sureties, subject to conditions under Section 482(2) of the B.N.S.S. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances alleged.
- Whether the delay in filing the FIR and the claim of false implication justify granting bail.
Legislation cited
Subjects
- anticipatory bail
- false implication
- FIR delay
- assault
- robbery
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17328 of 2026
Arising Out of PS. Case No.-160 Year-2025 Thana- NAKARDEI District- East Champaran
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1. Babloo Mali Son of Darshan Mali Resident of Village- Bhawanipur, Ps-
Nakardei Dist- East Champaran
2. Rajkishore Mali Son of Darshan Mali Resident of Village- Bhawanipur, Ps-
Nakardei Dist- East Champaran
3. Suraj Mali Son of Darshan Mali Resident of Village- Bhawanipur, Ps-
Nakardei Dist- East Champaran
4. Sunil Mali Son of Darshan Mali Resident of Village- Bhawanipur, Ps-
Nakardei Dist- East Champaran
5. Jitendra Mali Son of Late Jamuna Mali Resident of Village- Bhawanipur, Ps-
Nakardei Dist- East Champaran
6. Sanjay Mali son of Rajendra Mali Resident of Village- Teenkoni, Ps- Darpa,
Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Dhannjay Kumar II
Mr.Sonalika Kumari
For the Opposite Party/s : Mr.Umanath Mishra
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-04-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 126(2), 115(2), 109, 117(2), 329(4), 76, 303(2), 352,
351(2), 3(5) of the B.N.S.
3. The learned counsel for the petitioners submits that
the petitioner no.1 has antecedent of two cases and petitioner
Patna High Court CR. MISC. No.17328 of 2026(2) dt.16-04-2026
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nos.2, 3, 4, 5 and 6 are persons with clean antecedent and the
informant alleges that 01.12.2025 at about 6.00 P.M., the
accused persons including the petitioners came variously armed
on account of previous dispute and started abusing. On
objection, the petitioner nos.1 and 5 assaulted Sikil Mali by
Bhala causing injury on head. Further, petitioner nos.2 and 4
along with Darshan Mali torn the clothes of the informant and
when Solakh Mali, Kamlesh Mali, Sanjay Mali and Chaini Devi
came to save the informant, all accused persons assaulted them
and took Rs.3,000/- along with gold locate.
4. The learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that petitioners and the
informant are next-door neighbours and are having dispute
relating to passage. It is further submitted that date of
occurrence is 01.12.2025 and the FIR has been instituted on
09.12.2025 i.e. after a delay of eight days without any plausible
explanation, which casts an aspersion on the case of the
prosecution. It is also submitted that even presuming what has
been alleged is true without admitting, then all injuries are
simple in nature as would manifest from the order impugned.
5. Learned A.P.P. opposes the anticipatory bail
Patna High Court CR. MISC. No.17328 of 2026(2) dt.16-04-2026
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application.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on
anticipatory bail on their furnishing bail-bonds in the sum of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned Trial Court
where the case is pending/successor Court in connection with
Nakardei P. S. Case No.160 of 2025, subject to the conditions
laid down under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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