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Patna High Court

Babbhan Singh @ Baban SinghversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that anticipatory bail may be granted subject to the conditions stipulated under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023.

Summary

Babbhan Singh, a 73‑year‑old resident of Jajauli, was implicated in a case (Mashrakh P.S. Case No. 505 of 2025) alleging assault with an iron rod causing injuries to an informant. The petitioner claimed he was falsely implicated, citing a land dispute and asserting his innocence and clean criminal record. The State opposed his bail application. The court examined the allegations, the nature of the injuries, and the petitioner’s background, and concluded that anticipatory bail could be granted provided the petitioner surrenders within six weeks and furnishes the required bail bonds and sureties. The order was made under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023, with conditions to ensure compliance.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023 for the alleged offences.
  • Whether the petitioner is likely to be arrested and whether the conditions for bail are satisfied.
  • Whether there exists a prima facie case against the petitioner warranting denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • false implication
  • land dispute
  • Section 482
  • Bharatiya Nyaya Sanhita
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29163 of 2026
                       Arising Out of PS. Case No.-505 Year-2025 Thana- MASHRAK District- Saran
                 ======================================================
                 Babbhan Singh @ Baban Singh, Male aged about 73 years and son of Late
                 Ramchandra Singh, resident of Village: Jajauli, Police Station: Mashrakh
                 District: Saran at Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ram Binod Singh, Advocate
                 For the Opposite Party/s :       Mr. Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   06-05-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends arrest in connection with

                   Mashrakh P.S. Case No. 505 of 2025 dated 05.12.2025,

                   instituted for the offence punishable under Sections 126(2),

                   115(2), 109(1), 352, 351(2), 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                                3. The allegation against the petitioner is that he

                   assaulted with iron rod on the head of the informant due to

                   which, he sustained injury.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in this

                   case. It is further submitted that there is a case and counter case
            Patna High Court CR. MISC. No.29163 of 2026(2) dt.06-05-2026
                                                        2/2




                      between the parties. It is further stated that there is a land

                      dispute between the parties. It is next submitted that two injuries

                      have been sustained by the informant; one is sharp cut on his

                      head and second is lacerated wound on his right hand. Both the

                      injuries are found to be simple in nature. Lastly, it has been

                      submitted that petitioner has no criminal antecedents.

                                   5. Learned A.P.P. has opposed the prayer for bail of

                      the petitioner.

                                   6. Having considered the facts and circumstances of

                      the case and submissions of learned counsel for the parties, in

                      the event of arrest / surrender of the petitioner within a period of

                      six weeks from today, in connection with Mashrakh P.S. Case

                      No. 505 of 2025, he shall be released on anticipatory bail upon

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

                      sureties of the like amount each to the satisfaction of the learned

                      ACJM VII, Saran at Chapra, subject to condition as laid down

                      under Section 482(2) of the B.N.S.S.



                                                   (Khatim Reza, J)
Sankalp/-

U      T


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