Patna High Court
Babu Saheb Sah @ Babu Saheb @ Babu Saheb KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 126(2), 303(2), 351(2), 352
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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