Patna High Court

Babloo YadavversusThe State of Bihar

Decided: 24 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner with conditions of cooperation, regular appearance, and a bail bond.

Summary

The petitioner, Babloo Yadav, sought regular bail in a criminal case (PS Case No. 619 of 2024) where he was charged under Sections 308(2), 352, 351(2) and 3(5) of the BNS for allegedly hurling abuses, firing at an informant's house and demanding a ransom. The prosecution alleged that the accused committed these acts, while the petitioner’s counsel argued that he is innocent, no injury or money was actually caused, and the allegations are vague and omnibus. The petitioner has a history of 13 prior criminal cases, which his counsel claims indicates he is being framed. The State opposed the bail, but the court, after hearing both sides, decided to grant bail on the condition that the petitioner cooperate with the trial, appear in court on all dates, and report weekly to Sabour Police Station. Bail was ordered on a bond of Rs.10,000 with two sureties of the same amount.

Issues considered

Whether regular bail should be granted to the petitioner despite the serious charges under Sections 308(2), 352, 351(2) and 3(5) of the BNS and his prior criminal antecedents

Legislation cited

BNS — s. 308(2), 3(5), 351(2), 352

Subjects

regular bail
criminal procedure
BNS
Section 308
Section 352
Section 351
Section 3
antecedent cases
court conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18703 of 2026
                        Arising Out of PS. Case No.-619 Year-2024 Thana- RAJAON District- Banka
                 ======================================================
                 Babloo Yadav S/o- Amrit Yadav Resident of Shyampur P.S- Rajoun, Dist-
                 Banka

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhananjay Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Md. Aslam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   24-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 308(2),

                   352, 351(2), 3(5) of the BNS.

                                3. The case of the prosecution, in short, is that the

                   petitioner along with others were hurling abuses and also made

                   fire at the house of the informant and also demanded one lakh

                   rupees as rangdaari.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned

                   counsel for the petitioner has further submitted that the nature of

                   allegation is general and omnibus. It has further been submitted

                   that nobody has received any injury and not a single penny was
            Patna High Court CR. MISC. No.18703 of 2026(2) dt.24-03-2026
                                                        2/2




                      handed over to any of the accused persons. Learned counsel for

                      the petitioner has further submitted that the petitioner is having

                      criminal antecedent of 13 cases, i.e. why he has been framed in

                      this case. There is no specific allegation against the petitioner

                      and he is in custody since 17.01.2026.

                                   5. Learned APP appearing for the State has

                      vehemently opposed the prayer of regular bail.

                                   6. Having heard learned counsel for the parties and

                      considering the facts and circumstances of the case, this court is

                      inclined to enlarge the petitioner on bail with the condition that

                      the petitioner shall co-operate in the trial and shall remain

                      physically present on each and every date in the learned trial

                      court and shall also mark his attendance weekly at Sabour

                      P.S. The above named petitioner is directed to be released on

                      bail in connection with Rajoun P.S. Case No. 619 of 2024 on

                      furnishing bail bond of Rs.10,000/- (ten thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      court of Judicial Magistrate 1st Class, Banka.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T

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