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Patna High Court

Babu Saheb Sah @ Babu Saheb @ Babu Saheb KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Babu Saheb Kumar, was charged under several sections of the Bharatiya Nyaya Sanhita for assaulting an informant with a lathi and allegedly stealing Rs. 5,000. He applied for anticipatory bail, contending his innocence, a three‑day delay in filing the FIR, minor injuries, and a clean antecedent. The State opposed the bail. The Court considered the delay, the nature of the allegations, and the petitioner’s clean record, and consequently granted anticipatory bail. The order directed that, upon arrest or surrender within eight weeks, the petitioner be released on a bail bond of Rs. 10,000 with two sureties of the same amount, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether anticipatory bail should be granted despite the seriousness of the offences alleged under the Bharatiya Nyaya Sanhita
  • Whether the three‑day delay in lodging the FIR raises sufficient doubt to justify bail
  • Whether the petitioner’s clean antecedent and the nature of alleged injuries warrant bail

Legislation cited

Subjects

  • anticipatory bail
  • delay in FIR
  • Bharatiya Nyaya Sanhita
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 482
  • clean antecedent
  • bail bond
  • sureties
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3221 of 2026
                  Arising Out of PS. Case No.-336 Year-2025 Thana- SINGHESHWAR District- Madhepura
                 ======================================================
                 Babu Saheb Sah @ Babu Saheb @ Babu Saheb Kumar S/O Late Bhim Sah
                 Resident of Village- Majarhat, Ward no 12, P.S.- Singheshwar, District-
                 Madhepura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sharda Nand Mishra, Ms. Isha Mishra,
                                                 Mr. Dhandev Kumar, Advocates
                 For the Opposite Party/s :      Mr. Shailendra Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   02-02-2026                   Heard learned counsel for the petitioner and the State.

                                 2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 115(2),126(2), 303(2),

                   351(2), 352, 109 of the Bharatiya Nyaya Sanhita.

                                 3. As per F.I.R., this petitioner is alleged to have

                   assaulted on the head and left hand of informant by means of

                   lathi and snatched Rs. 5,000/- from his pocket.

                                 4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. F.I.R. has

                   been lodged after inordinate delay of three days, without any

                   explanation, which itself raises doubt over veracity of the

                   prosecution case. Injuries, allegedly, caused by the petitioner are

                   simple in nature. Rest of the allegations are ornamental only to
              Patna High Court CR. MISC. No.3221 of 2026(2) dt.02-02-2026
                                                          2/2




                        make the case grave. Petitioner claims clean antecedent.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering the delay in lodging the F.I.R., nature

                        of accusation, injuries and clean antecedent, this anticipatory

                        bail is allowed and it is ordered that let the above named

                        petitioner in the event of his arrest/surrender before the court

                        below within a period of eight weeks from today, be enlarged on

                        bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with

                        two sureties of the like amount each to the satisfaction of Chief

                        Judicial Magistrate, Madhepura in connection with Singheshwar

                        P. S. Case No. 336 of 2025, subject to condition as laid down

                        under Section 482(2) of the Bharatiya Nagarik Suraksha

                        Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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