Patna High Court
Bablu Yadav @ Bablu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner with conditions under Section 438(2) of the Criminal Procedure Code.
Summary
The petitioner, Bablu Yadav, sought anticipatory bail fearing arrest in a case (Kawakole PS Case No. 18 of 2026) involving alleged offences under Sections 303(2), 317(2) and 3(5) of the BNS. The prosecution alleged that sand was recovered from a tractor trolley, leading to the FIR, and that the petitioner was implicated despite not being the owner or driver. The petitioner argued he had no criminal antecedent and was named due to animosity. The State opposed, contending his involvement caused revenue loss. Considering the lack of prior record and his non‑ownership of the vehicle, the Court granted anticipatory bail under Section 438(2) of the Cr.P.C. with a set of stringent conditions regarding sureties, appearance before police and courts, and non‑interference with witnesses or evidence.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438 Cr.P.C. despite the serious nature of the alleged offences.
- Whether the petitioner’s lack of criminal antecedent and non‑ownership of the vehicle justify bail.
- Whether conditions can be imposed to prevent tampering with evidence or witnesses.
Legislation cited
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Section 438
- Criminal Procedure Code
- BNS offences
- bail conditions
- non‑criminal antecedent
- police investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22755 of 2026
Arising Out of PS. Case No.-18 Year-2026 Thana- KAUWAKOL District- Nawada
======================================================
Bablu Yadav @ Bablu Kumar Son of Brahmadev Prasad Yadav Resident of
Village- Mananiyatari, P.S.- Kawakole, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Adv.
For the Opposite Party/s : Mr.Choubey Jawahar, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 20-05-2026 1. Heard the parties through virtual mode.
2. The petitioner is apprehending his arrest in
connection with Kawakole P.S. Case No. 18 of 2026 registered
for the offence punishable under Sections 303(2), 317(2), 3(5)
of the BNS.
3. As per the prosecution story, the informant alleged
that in course of patrolling, the place was raided and from the
trolley of the tractor 10–12 trolley loads of sand were found,
which led to the FIR.
4. Learned counsel for the petitioner submits that he is
neither the owner nor the driver of the said vehicle and that,
only due to animosity, his name has been implicated. It is further
submitted that he does not have any criminal antecedent.
5. Learned APP, Mr. Choubey Jawahar, opposes the
Patna High Court CR. MISC. No.22755 of 2026(3) dt.20-05-2026
2/3
prayer, submitting that his name has cropped up and that he was
causing revenue loss to the State.
6. Considering the submissions of the parties and also
the fact that he does not have any criminal antecedent and is not
the owner of the said vehicle, in that background, this Court is
inclined to grant him the anticipatory bail with conditions.
7. Let the petitioner be released on bail, in the event
of his arrest or surrender before the concerned court within a
period of four weeks from the receipt of this order, on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each in connection with Kawakole P.S. Case
No. 18 of 2026 to the satisfaction of learned Judicial Magistrate-
Ist Class, Nawada subject to the conditions as laid down under
Section 438(2) of the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) to show his/her bona fide;
(ii) the petitioner shall be appearing before the police
station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.22755 of 2026(3) dt.20-05-2026
3/3
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every day for one month and later every fortnight
for next six months to mark his attendance and at the end of the
period a certificate be submitted before the Trial Court failing
which the State shall be at liberty to take steps for cancellation
of bail bonds;
(v) the petitioner 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;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Nirmal/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.