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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

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
                              2/3




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
                                          3/3




           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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