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Patna High Court

Bablu Yadav @ Bablu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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