Patna High Court
Bablu SorenversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
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
- Bhartiya Nagarik Suraksha Sanhita — s. 109, 115(2), 118(2), 126(2), 190, 191(2), 191(3), 482(2)
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
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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
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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
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(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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