Patna High Court
Bablu Yadav @ Bablu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The Court granted bail to the petitioner subject to a bond, sureties and verification of his criminal antecedents under Section 482(2) of the CrPC.
Summary
Petitioner Bablu Yadav was arrested in connection with a case alleging assault and other offences under Sections 341, 323, 324, 307, 504, 506 and 34 of the IPC. The prosecution alleged that he assaulted the agnate of the informant with the butt of a pistol during a dispute over land, while the petitioner claimed the FIR was false and motivated by a land conflict between the parties, who are both gotiyas. The petitioner has four prior criminal cases and is on bail in those matters, whereas co‑accused have already been granted anticipatory bail. The State opposed bail, labeling the petitioner a habitual offender. The High Court, noting the land dispute, the grant of anticipatory bail to co‑accused, and the petitioner’s antecedents, ordered bail on a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the CrPC, including verification of criminal antecedents.
Issues considered
- The petitioner is entitled to bail despite the seriousness of the offences and his prior criminal antecedents.
- Whether the land dispute and the fact that co‑accused have been granted anticipatory bail justify granting bail to the petitioner.
- Whether the conditions imposed under Section 482(2) of the CrPC are appropriate.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 307, 323, 324, 34, 341, 504, 506
Subjects
- bail
- anticipatory bail
- land dispute
- IPC offences
- habitual offender
- criminal antecedents
- Section 482
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18146 of 2026
Arising Out of PS. Case No.-1197 Year-2023 Thana- GAYA MUFASIL District- Gaya
======================================================
Bablu Yadav @ Bablu Kumar Son of Kailu Yadav @ Kail Yadav Resident of
Village- Kaiya, P.S.- Muffasil, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra, Advocate
For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 25-03-2026 Heard the learned counsel for the petitioner and
the learned APP for the State.
2. The petitioner is apprehending his arrest in
connection with Muffasil (Gaya) P.S. Case No. 1197 of 2023,
for allegedly having committed offence under Sections 341,
323, 324, 307, 504, 506 and 34 of the IPC.
3. As per the prosecution case, all the named
accused persons came to the house of the informant where co-
accused Umesh Yadav assaulted the informant with a sharp
cutting weapon as a result thereof, the informant sustained
injuries on his right hand and thereafter, on hulla, the agnate of
the informant came, upon which the petitioner is said to have
assaulted the agnate of the informant, namely Sanjay Yadav
with the butt of the pistol, due to which he sustained injuries on
Patna High Court CR. MISC. No.18146 of 2026(2) dt.25-03-2026
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his head.
4. The learned counsel for the petitioner submits
that the petitioner has not committed any offence. The petitioner
and the informant are own gotiyas and there is a land dispute in
between the parties, due to which the present first information
report has been lodged. The injuries are found to be simple in
nature, however the same have not been mentioned in the
impugned order. Other co-accused persons have been granted
the privilege of anticipatory bail by the Co-ordinate Bench of
this Court vide order dated 24.04.2024 passed in Cr. Misc. No.
23893 of 2024 and vide order dated 07.08.2024 passed in Cr.
Misc. No. 50695 of 2024. The petitioner is having four criminal
antecedents in which he is on bail.
5. The learned APP for the State vehemently
opposes the prayer for bail of the petitioner and submits that the
petitioner is a habitual offender and is an accused in four more
cases.
6. Having heard the learned counsel for the parties
and considering the fact that the petitioner and the informant are
own gotiyas, there is a land dispute in between the parties and
the other co-accused persons have been enlarged on bail a the
Co-ordinate Bench of this Court, let the petitioner, above
Patna High Court CR. MISC. No.18146 of 2026(2) dt.25-03-2026
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named, in the event of arrest or surrender within a period of six
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Chief Judicial Magistrate,
Gayaji in connection with Muffasil (Gaya) P.S. Case No. 1197
of 2023, subject to the conditions as laid down under Section
482(2) of the B.N.S.S., with further condition:
(1) The learned Court concerned shall verify the
criminal antecedent of the petitioner and in case at any stage, it
is found that the petitioner has concealed his criminal
antecedents, the court concerned shall take steps for cancellation
of bail bond of the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
(Ritesh Kumar, J)
AjayMishra/-
U T
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