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Patna High Court

Bablu Ram @ Bablu Kumar RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners, subject to specified conditions, under Section 438 of the CrPC.

Summary

The petitioners, three residents of Mahuawan village, applied for anticipatory bail fearing arrest in a 2017 case (Kuchaikote PS No. 308) alleging multiple offences under the IPC, including assault and robbery. They claimed the allegations were false, stemming from a personal dispute, and that they had previously been granted protection under Section 41(1) of the CrPC and had cooperated with the investigation. The State opposed the bail, arguing specific assault allegations and that no warrant had been issued, so no apprehension of arrest existed. Relying on precedents (Sibbia and Bharat Chaudhary) and the provisions of Sections 438 and 41 of the CrPC, the court granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and conditions regarding presence, cooperation, and verification of antecedents. The order emphasized that its observations would not affect the trial and the application was allowed.

Issues considered

  • Whether anticipatory bail under Section 438 CrPC can be granted when the accused have previously been protected under Section 41(1) CrPC and face allegations of assault and robbery.
  • Whether the petitioners have a reasonable apprehension of arrest despite no warrant being issued.
  • Whether the personal dispute and alleged false implication affect the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 41(1) CrPC
  • Indian Penal Code offences
  • bail conditions
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33408 of 2026

                   Arising Out of PS. Case No.-308 Year-2017 Thana- KUCHAIKOTE District- Gopalganj
                 ======================================================
           1.    Bablu Ram @ Bablu Kumar Ram, S/o Mohan Ram;
           2.    Mohan Ram, S/o Late Mangal Ram; and
           3.    Anu Ram @ Anu Kumar, S/o Nandlal Ram;
                 All are residents of Village- Mahuawan, Sasamusa, P.S.- Kuchaikote,
                 District- Gopalganj, Bihar.


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


                                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Prasoon Shekhar, Adv.
                                                 Mr. Rajesh Kumar, Adv.
                 For the Opposite Party/s :      Mr. Zainul Abedin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                                  ORAL ORDER


2   18-05-2026                   Heard the learned counsel for the petitioners and the

                   learned A.P.P. for the State through virtual mode.

                                 2. The petitioners are apprehending their arrest in

                   connection with Kuchaikote P.S. Case No. 308 of 2017

                   registered for the offence(s) under Section(s) 341, 323, 325,

                   308, 448, 379, 435, 504 and 506 of the Indian Penal Code.

                                 3. The prosecution case is to the effect that the
Patna High Court CR. MISC. No.33408 of 2026(2) dt.18-05-2026
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          informant has alleged that the named accused persons including

          the petitioners, all armed with rods and sticks, started assaulting

          the informant. It has been alleged that when the son of the

          informant came to save him, the petitioner No. 1, armed with an

          iron rod, gave a blow on his head, as a result of which he

          sustained injuries. It has further been alleged that petitioner No.

          3 assaulted the daughter of the informant, namely, Kavita

          Kumari, with a stick, while petitioner No. 2 assaulted Suman

          Devi with a garasa on her head, causing a cut injury. There is

          also an allegation that a sum of Rs. 40,000/- was taken away

          after breaking the lock of a box.

                       4. The learned counsel for the petitioners submits that

          the petitioners have falsely been implicated in this case due to

          personal dispute between their family and the family of the

          informant. It has been submitted that the injuries sustained by

          the informant, his son and daughters were all found to be simple

          in nature. It has further been pointed out that during the course

          of investigation, the petitioners were summoned and were

          granted the benefit under Section 41(1) of the Cr.P.C. on

          15.12.2017 as they had been cooperating with the investigation.

          It has been submitted that subsequent thereto, though the

          charge-sheet was submitted on 17.12.2017, but no coercive
Patna High Court CR. MISC. No.33408 of 2026(2) dt.18-05-2026
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          action was initiated against them thereafter. It has further been

          submitted that recently the petitioners came to know that

          pursuant to cognizance having been taken against them,

          summons have been issued, though the same were never served

          upon them.

                       5. It has, thus, been submitted on behalf of the

          petitioners that there has been no willful delay in approaching

          this Court and, in fact, since the petitioners had been granted

          protection under Section 41(1) of the Cr.P.C., they had no

          apprehension of arrest earlier and only after learning about the

          cognizance order that they may be apprehended, the petitioners

          have approached this Court for grant of anticipatory bail. It has

          next been submitted that the petitioners have falsely been

          implicated in this case with allegation of assault along with

          others. It has also been submitted that there was a case lodged

          on behalf of the wife of petitioner No. 3 against the informant

          and others and it is on account of the long standing dispute

          between the parties that the petitioners have falsely been

          implicated in this case. It has lastly been submitted that the

          petitioners have clean antecedents.

                       6. The learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the
Patna High Court CR. MISC. No.33408 of 2026(2) dt.18-05-2026
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          petitioners and has submitted that there are specific allegations

          of assault upon the petitioners. It has further been submitted

          that since the petitioners had already been granted the benefit

          under Section 41(1) Cr.P.C. and no warrant had been issued

          against them, they do not have any reasonable apprehension of

          arrest.

                       7. Considering the facts and circumstances of the

          case and the submissions advanced on behalf of the parties as

          also the law laid down in the cases of Shri Gurbaksh Singh

          Sibbia & Ors. Vs. The State of Punjab, reported in (1980) 2

          SCC 565 and Bharat Chaudhary & Anr. Vs. State of Bihar &

          Anr., reported in (2003) 8 SCC 77, let the petitioners, above-

          named, be released on anticipatory bail, in the event of their

          arrest or surrender before the concerned Court/successor Court

          within a period of four weeks from today, 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 concerned Court/successor Court where the case is

          pending in connection with Kuchaikote P.S. Case No. 308 of

          2017, subject to the conditions as laid down under Section

          438(2) of the Code of Criminal Procedure, 1973 read with

          corresponding Section 482(2) of the Bharatiya Nagarik
            Patna High Court CR. MISC. No.33408 of 2026(2) dt.18-05-2026
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                      Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to the

                      following conditions :

                                             (i) One of the bailors of the petitioners shall be their
                                        close relative and the other shall be a local resident.
                                             (ii) The petitioners shall remain physically present
                                        before the concerned Court on each and every date of the
                                        trial and shall cooperate in the investigation.
                                             (iii) In case of absence for two consecutive occasions
                                        or in violation of the terms of the bail, the bail bonds of
                                        the petitioners will be liable to be cancelled by the
                                        concerned Court.
                                             (iv) The concerned Court shall verify the criminal
                                        antecedents of the petitioners and in case, at any stage, it is
                                        found that they have concealed their criminal antecedents,
                                        the Court concerned shall take necessary steps for
                                        cancellation of their bail bonds. However, the acceptance
                                        of bail bonds in terms of the above-mentioned order shall
                                        not be delayed for purpose of or in the name of
                                        verification.


                                   8. It is made clear that the observations, if any, made

                      in this order, shall be of no bearing during the trial.

                                   9. The application stands allowed.



                                               (Sourendra Pandey, J)
Praveen-II/-

U       T


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