Patna High Court
Jagbali ChaubeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court held that the lack of specific allegation against the petitioner, his advanced age, minor prior conviction, and the nature of the offence justify granting bail.
Summary
The petitioner, a 72‑year‑old man, was arrested in connection with a mob assault arising from a land dispute, with the FIR naming 15 persons but making no specific allegation of firing or overt act against him. He has a single prior conviction under Section 323 IPC and has been in custody since 8 January 2026. The petitioner sought bail, arguing lack of specific charge, his advanced age, and the minor nature of his past offence. The State opposed bail. The Court examined the FIR, noted the absence of any direct accusation against the petitioner, considered his age, the minor prior record, and the elapsed custody period, and consequently decided to grant bail on condition of a bond and sureties. The order is limited to the bail application and does not prejudice the trial.
Issues considered
- Whether bail should be granted to the petitioner given the allegations in the FIR and his prior criminal record.
Legislation cited
- Arms Act — s. 27
- Indian Penal Code — s. 103(1), 109, 115(2), 126(2), 191(2), 191(3), 323, 351(2), 352, 50, 61(2)
Subjects
- bail
- mob assault
- land dispute
- Indian Penal Code
- Arms Act
- age
- prior conviction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33827 of 2026
Arising out of PS. Case No.-6 Year-2026 Thana- SIKRAUL District- Buxar
======================================================
Jagbali Chaubey S/o- Late Ram Kripal Chaubey Resident of Village-
Bhakhwa, P.S.- Sikraul, Distt.-Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Kumar Mishra, Adv.
For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
3 27-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Sikraul P.S. Case No.
06 of 2026 registered for offences under Sections 191(2),
191(3), 126(2), 115(2), 109, 50, 61(2), 103(1), 351(2), 352 & 27
Arms Act.
3. The allegation is that 15 persons, including the
petitioner, arising out of a land dispute, started assaulting the
informant’s side. The specific allegation of firing is against
Sanjay Chaubey and Kanhaiya Chaubey; Ganeshji Chaubey is
said to have assaulted the informant on the head, and one
Mohan Chaubey was assaulted by Balram Chaubey.
4. Learned counsel for the petitioner submits that
there is no specific allegation against the petitioner who is aged
Patna High Court CR. MISC. No.33827 of 2026(3) dt.27-05-2026
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about 72 years. He further submits that the petitioner has one
criminal antecedent of Section 323 IPC and is in custody since
08.01.2026.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
6. This Court has considered the submissions
advanced by learned counsel for the petitioner as well as the
learned Additional Public Prosecutor for the State and has
perused the material available on record.
7. The FIR discloses a case of mob assault arising out
of a land dispute, involving 15 named persons. The petitioner,
aged about 72 years, is a member of the same family that stands
accused. There is no specific allegation of firing or of any overt
act directly attributed to the petitioner in the FIR. The
allegations of firing are specifically levelled against Sanjay
Chaubey and Kanhaiya Chaubey, and no corresponding role of
individual culpability has been assigned to this petitioner
beyond his presence as part of the group. The petitioner has one
criminal antecedent under Section 323 IPC, which is a relatively
minor offence, and has been in custody since 08.01.2026.
Having regard to the nature of the offence, the role attributed to
the petitioner, his advanced age, the period of custody already
Patna High Court CR. MISC. No.33827 of 2026(3) dt.27-05-2026
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undergone, and the fact that the genesis of the incident is a land
dispute inter se the parties, this Court is inclined to grant bail to
the petitioner.
8. Let the petitioner, above named, be released
on bail upon furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand only) with two sureties of the
like amount each to the satisfaction of the Court of the
learned Additional Chief Judicial Magistrate-1, Buxar,
in connection with Sikraul P.S. Case No. 06 of 2026.
9. It is made clear that any observation made
herein is prima facie in nature and limited solely for
the purpose of adjudication of the present bail
application. Such observations shall not be construed
as an expression on the merits of the case and shall not
influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
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