Patna High Court
Babulal HansdaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioners subject to prescribed conditions.
Summary
Petitioners Babulal Hansda and Tallu Hansda sought anticipatory bail fearing arrest in a case (PS Dagarua Case No. 416 of 2025) where an FIR alleged they participated in an assault on informant Md. Jamal, who was injured while protecting his crops. The prosecution alleged that the petitioners restrained the informant and assisted Sanju Soren, who inflicted a serious head injury with an iron rod, and that Tallu Hansda seized Rs.10,000 from the informant's son. The petitioners contended that they only assisted the main assailant, the injuries were simple, and they have clean antecedents. The court examined the lack of any specific overt act attributed to the petitioners and the nature of the injuries, and found insufficient ground to deny bail. Accordingly, the court granted anticipatory bail under Section 482(2) of the B.N.S.S., 2023, subject to a Rs.10,000 bond, two sureties, and conditions regarding court appearances, non‑interference with witnesses, and refraining from further offences, directing the trial court to verify the injury report.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S.S., 2023 in view of the alleged participation in the assault.
- Whether the prosecution has established sufficient overt acts by the petitioners to justify denial of bail.
Legislation cited
- B.N.S. — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 351(3)
- B.N.S.S., 2023 — s. 482(2)
Subjects
- anticipatory bail
- assault
- Section 482
- bail conditions
- Bihar
- FIR
- simple injury
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17648 of 2026
Arising Out of PS. Case No.-416 Year-2025 Thana- DAGARUA District- Purnia
======================================================
1. Babulal Hansda S/O Suppal Hansda @ Rabban Hansda R/O Village - Kohila
Tola, Dansar, P.S- Dagarua,Dist- Purnea
2. Tallu Hansda S/O Suppal Hansda @ Rabban Hansda R/O Village - Kohila
Tola, Dansar, P.S- Dagarua,Dist- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mrityunjay Kumar
For the Opposite Party/s : Mr.Shailendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Dagarua P.S. Case No. 416 of 2025, F.I.R dated
12.11.2025 registered for the offences punishable under
Sections 126(2), 115(2), 118(1), 109, 303(2), 351(2), 351(3) and
3(5) of the BNS.
3. As per the prosecution case, informant Md. Jamal,
on 12/11/2025 at about 2:00 PM, when he visited his land at
Mauza-Dansar, he found the accused persons damaging his
crops and preparing to re-cultivate it, while armed with lathi-
danda and other weapons. On protesting, the accused persons
jointly assaulted him— petitioner no. 2 and petitioner no. 1
restrained him, Sanju Soren attacked him with an iron rod
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(hasiya), causing serious head injury and bleeding, while others
also beat him with fists and legs and Sri Hansda attempted to
strangulate him. When his son, Md. Sahbul, came to rescue, he
too was assaulted and Rs. 10,000/- was forcibly taken from him
by Tallu Hansda. Upon alarm, nearby villagers gathered,
prompting the accused to flee, after which the injured informant
was taken to GMCH, Purnea for treatment, leading to the
lodging of an FIR against all accused persons.
4. Learned counsel for the petitioners submits that
only allegation against these petitioners is that they assisted one
Sanju Soren, who said to have assaulted informant. It is next
submitted that as per petitioners the injuries are simple in nature
and both petitioners are men of clean antecedent.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Considering the aforesaid facts as there is no
allegation of any overt act against both these petitioners and
injuries are simple in nature. Accordingly, this Court is inclined
to grant the privilege of anticipatory bail to the petitioner.
Learned Trial Court is directed to verify the nature of injuries
before accepting the bail bond of petitioners.
7. Let both petitioners, above named, be released on
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anticipatory bail in the event of their arrest or surrender before
the court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each
with two sureties of the like amount each to the satisfaction of
learned C.J.M. I/C, Purnea in connection with Dagarua P.S.
Case No. 416 of 2025 subject to the condition as laid down
under Section 482(2) of the B.N.S.S., 2023 with other following
conditions:-
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who
shall provide official document/personal affidavit
to show his/her bona fide;
(ii) The petitioner(s) shall appear on each and
every date before the Trial Court and failure to do
so for two consecutive dates without plausible
reason will entail cancellation of his/her/their bail
bond by the Trial Court itself;
(iii) The petitioner(s) shall in no way try to induce
or promise or threat the witnesses or tamper with
the evidences, failing which the State shall be at
liberty to take steps for cancellation of the bail
bonds;
(iv) The petitioner(s) shall desist from committing
any criminal offence again, failing which the State
shall be at liberty to take steps for cancellation of
their bail bonds.
(Ajit Kumar, J.)
S.Tripathi/-
U T
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