Created by Fuzzy Cloud

Patna High Court

Babloo MaliversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

  • B.N.S. — s. 109, 115(2), 117(2), 126(2), 303(2), 329(4), 3(5), 351(2), 352, 76
  • B.N.S.S. — s. 482(2)

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
                 ======================================================
           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
                 ======================================================
                 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
                                            2/3




          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
                                                           3/3




                         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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.