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Patna High Court

Bablu SorenversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, subject to stipulated conditions.

Summary

The petitioners, members of the Soren family, sought anticipatory bail fearing arrest in connection with FIR No.392 of 2025 alleging assault and attempted murder under various sections of the Bhartiya Nagarik Suraksha Sanhita (BNS). They contended that the allegations were vague, no specific charges were levelled against each of them, and they had no criminal antecedents. The State opposed the bail. The Court observed that the FIR contained only general, omnibus allegations and, given the petitioners' clean record, was inclined to grant anticipatory bail. Accordingly, the Court ordered anticipatory bail under Section 482(2) of the BNS, subject to a bail bond of Rs.10,000 with two sureties and conditions of cooperation and verification of antecedents. The bail order was directed to be implemented by the Chief Judicial Magistrate, Jamui.

Issues considered

  • Whether anticipatory bail can be granted when the FIR contains only general, non-specific allegations against the accused.
  • Whether Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita is applicable for granting anticipatory bail in the present case.

Legislation cited

Subjects

  • anticipatory bail
  • general allegations
  • FIR
  • Section 482
  • Bhartiya Nagarik Suraksha Sanhita
  • bail conditions
  • criminal antecedent
  • assault
  • attempted murder

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29934 of 2026
                        Arising Out of PS. Case No.-392 Year-2025 Thana- JHAJHA District- Jamui
                 ======================================================
           1.     Bablu Soren S/O Mannu soren
           2.    Lalita Hansda W/O Bablu Soren
           3.    Nanua Soren @ Nunulal Soren S/O Mannu Soren
           4.    Chhotki Marandi @ Chhotki Soren W/O Mannu Soren
           5.     Salkho Soren D/O Mannu Soren
                  All are Resident of village - Karma, P.S. -Jhajha, District- Jamui.
                                                                                  ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                           ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajesh Kumar Sinha, Adv.
                 For the Opposite Party/s :       Mr.Satya Nand Shukla, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

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

                   APP for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Jhajha P.S. Case No.392 of 2025 registered for the offence

                   under Sections 190/191(2)/191(3)/115(2)/126(2)/118(2)/109 of

                   BNS.

                                3. The prosecution case in brief is that the informant-

                   has given a written application to the S.H.O, Jhajha on dated

                   12.08.2025 wherein, it was mentioned by him that and in the

                   night of 11.08.2025 at about 11:00 P.M. (1) Nunua Soren (2)

                   Bablu Soren (3) Salkho Tudu (4) Manoti Soren (5) Nunua Soren

                   (6) Jiblal Soren (7) Bablu Soren (8) Salkho Soren (9) Lalita
Patna High Court CR. MISC. No.29934 of 2026(2) dt.06-05-2026
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          Hansda (10) Chhotki Marandi, without any cause used to abuse

          and assaulted him. It is further alleged that they atacked on his

          house having arm in their hand attempted to commit murder

          with his family member.Manjhla Soren and Baleshwar Soren,

          Sona Hembram Soren, Santosh Marandi Munni Soren, Kamlesh

          Soren became injured. The informant submitting the injury

          report of all the injured persons along with this petition and also

          prayed to take action against the culprit. Accordingly, the FIR.

                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have committed no offence and they

          have falsely been implicated in this case. Learned counsel for

          the petitioners next submits that the allegations against the

          petitioners are general and omnibus in nature and no specific

          allegations have been levelled against each of the petitioners.

          Learned counsel for the petitioners next submit that in

          paragraph-8 of the application it has also been contended that

          arising out of the same incident there case and counter case

          between the parties and the injury sustained is simple in nature.

          Learned counsel for the petitioners last submits that none of the

          petitioners have any criminal antecedents.

                       5. The learned APP opposes the anticipatory bail

          application.
Patna High Court CR. MISC. No.29934 of 2026(2) dt.06-05-2026
                                            3/4




                       6. From the reading of the FIR, it appears that the

          allegations against the accused petitioners is general and

          omnibus of having assaulted the informant and their family

          members. No specific allegation has been levelled against each

          of the petitioners. In paragraph-8 of the application it has also

          been contended that arising out of the same incident there is

          case and counter case. The injury sustained is simple in nature.

          None of the petitioners have any criminal antecedents. Under

          these circumstances, this Court is inclined to grant privilege of

          anticipatory bail to the petitioner.

                       7. Accordingly, the petitioners above named, in the

          event of their arrest or surrender before the learned Court below

          within a period of six weeks, are directed to be released on

          anticipatory bail on their furnishing bail-bonds in the sum of

          Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the

          like amount each to the satisfaction of the learned Chief Judicial

          Magistrate, Jamui in connection with Jhajha P.S. Case No.392

          of 2025, subject to the conditions laid down under Section

          482(2) of the Bhartiya Nagarik Suraksha Sanhita and with

          following conditions:

                       (i)   the     petitioners       shall   co-operate   in   the

          investigation/trial.
          Patna High Court CR. MISC. No.29934 of 2026(2) dt.06-05-2026
                                                      4/4




                                 (ii) the learned Court would, however, verify the

                    criminal antecedent of the petitioners and in case it is found that

                    the petitioners have concealed their criminal antecedent, the

                    Court below shall take step for cancellation of bail bond of the

                    petitioners. However, it is expected that the verification process

                    would be done expeditiously without causing any delay.


                                             (Alok Kumar Sinha, J)

Prakash Narayan
U      T


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