Patna High Court
Babloo Singh @ Rajesh Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that, given the nature of the dispute and the petitioners’ compliance with Section 41A, anticipatory bail could be granted subject to surrender and bond conditions.
Summary
The petitioners, a husband and wife, were implicated in a 2020 case (Simri P.S. Case No. 395) for offences under IPC sections 341, 323, 354(b), 337, 504, 506 and 34, alleged to have assaulted and harassed an informant over a water‑dispute. They contended that the allegations were false, the FIR was lodged three days after the incident, and that their age and the neighbour‑dispute context warranted relief. Having earlier been granted protection under Section 41A of the CrPC, they applied for anticipatory bail after a charge‑sheet was filed. The court, noting the dispute‑related nature of the allegations and the petitioners’ lack of misuse of Section 41A, ordered that bail be granted on condition of surrender within four weeks, a bond of Rs 10,000 with two sureties, and compliance with Sections 438(2) CrPC/482(2) of the B.N.S.S. The order effectively dispensed with the petition for anticipatory bail.
Issues considered
- Whether anticipatory bail can be granted after the filing of a charge‑sheet under the IPC offences alleged
- Whether the delay in lodging the FIR and the neighbour‑dispute context justify bail
- Whether the protection under Section 41A CrPC can be extended to the petitioners
Legislation cited
- B.N.S.S.
- Code of Criminal Procedure, 1973 — s. 41A, 438(2), 482(2)
- Indian Penal Code — s. 323, 337, 34, 341, 354(b), 504, 506
Subjects
- anticipatory bail
- Section 41A CrPC
- IPC offences
- false implication
- neighbour dispute
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23286 of 2026
Arising Out of PS. Case No.-395 Year-2020 Thana- SIMRI District- Buxar
======================================================
1. Babloo Singh @ Rajesh Kumar Singh S/O Bacchan Singh R/O Village-
Sahiyar, P.S- Simari (Simri), Distt.- Buxar.
2. Pushpa Devi W/O Babloo Singh @ Rajesh Kumar Singh R/O Village-
Sahiyar, P.S- Simari (Simri), Distt.- Buxar.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar, Advocate
For the State : Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Simri P.S. Case No. 395 of 2020 in a case registered
for the offence punishable under Sections 341, 323, 354(B), 337,
504, 506, 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioners along with
other co-accused persons assaulted and harassed the informant after
she refused to work for them. The accused pelted stones, dragged the
informant from her home, and petitioner no. 1 molested her and
snatched her jewelry while threatening her to vacate the house.
4. Learned counsel for the petitioners submits that the
petitioners who are husband and wife have been falsely implicated in
the present case on account of some neighborhood dispute over
passage of water from the water tank. It is further submitted that
there is a delay of three days in lodging of the first information
Patna High Court CR. MISC. No.23286 of 2026(2) dt.17-04-2026
2/2
report. The false allegation of outraging modesty has been attributed
to petitioner no. 1 although, he is a person aged about 66 years and
the petitioner no. 2 is also a lady aged about 57 years. It has also
been submitted that the petitioners were granted the benefit of
Section 41A of the Cr.P.C. but now, since charge-sheet has been
submitted, there is an apprehension.
5. Learned APP for the State has opposed the application
for anticipatory bail.
6. Taking into consideration the facts and circumstances
and also considering the nature of allegations arising out of a dispute
between the two neighbors and further considering that the
petitioners never misused the privilege granted to them under Section
41A of the Cr.P.C., let the above named petitioners, in the event of
their arrest or surrender before the learned Court below within a
period of four weeks from today, be enlarged on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
court below where the case is pending/successor court in connection
with Simri P.S. Case No. 395 of 2020, subject to the condition as laid
down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S.
(Soni Shrivastava, J)
priyanka/-
U T
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