Patna High Court
Babulal RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Anticipatory bail was granted to petitioner No.1 with specified conditions, and the petition for petitioner No.2 was dismissed as withdrawn.
Summary
Petitioner No.2, Raj Kumar, was arrested during the pendency of his anticipatory bail application, and the court allowed him to withdraw the application. The petition for petitioner No.1, Babulal, sought anticipatory bail in connection with FIR No. 271/2025 alleging offences under several sections of the Bihar Penal Code, including assault and homicide. The petitioner claimed a clean antecedent and alleged that the FIR was fabricated, noting that similarly situated co‑accused had already been granted anticipatory bail by the same court. The State opposed the bail. Considering the clean antecedent, the withdrawal of petitioner No.2’s application, and the precedent of bail to co‑accused, the court granted anticipatory bail to petitioner No.1 subject to a Rs.10,000 bond, two sureties, and conditions under Section 482(2) of the CrPC, and dismissed the petition for petitioner No.2 as withdrawn.
Issues considered
- Whether anticipatory bail can be granted to petitioner No.1 despite the serious nature of the offences alleged in the FIR.
- Whether the withdrawal of an anticipatory bail application is permissible after the petitioner’s arrest.
- What conditions may be imposed under Section 482(2) of the Code of Criminal Procedure when granting anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- clean antecedent
- FIR
- assault
- murder
- Section 482
- bail conditions
- withdrawal of application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4320 of 2026
Arising Out of PS. Case No.-271 Year-2025 Thana- BHAGWANPUR HAT District- Siwan
======================================================
1. Babulal Ram S/o Sheo Dhar Ram R/o Village- Mahna, P.S.- Bhagwanpur
Hat, District- Siwan
2. Raj Kumar Ram S/o Chetaru Ram R/o Vill- Karchauliya, P.S.- Panapur,
Distt- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Kant Singh, Advocate
For the Opposite Party/s : Mr. Dr. Mrityunjaya Kr. Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-02-2026 Heard Mr. Krishna Kant Singh, learned counsel for
the petitioners and Mr. Dr. Mrityunjaya Kr. Gautam, learned
APP for the State.
2. Learned counsel for the petitioners submits that
during the pendency of this bail application, petitioner no. 2 has
been arrested. Hence, the anticipatory bail application with
respect to petitioner no. 2 has become infructuous. So, he seeks
permission to withdraw the present bail petition with respect to
petitioner no. 2.
3. Permission is accorded.
4. Accordingly, the present bail petition stands
dismissed as withdrawn with respect to petitioner no. 2.
5. The petitioner no. 1 is apprehending his arrest in
connection with Bhagwanpur Hat P.S. Case No. 271 of 2025,
Patna High Court CR. MISC. No.4320 of 2026(2) dt.06-02-2026
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F.I.R. dated 16.06.2025 for the offences punishable under
Sections 126(2), 115(2), 118(1), 109,, 303(2), 352, 351(2), 3(5)
of the BNS and subsequently added Section 103(1) of the BNS.
6. As per F.I.R., 13 named accused persons, including
these petitioners and 4-5 unknown persons, assaulted husband
and son of the informant with lathi and danda. During course of
treatment, son of the informant died.
7. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and the allegation as alleged in
the F.I.R is false and fabricated and the petitioner has not
committed any offence as alleged in the F.I.R. He further
submits that it appears from the F.I.R., that there is no specific
allegation of assault against the petitioner and similarly situated
co-accused persons, namely, Rajmati Devi & Others and Ashok
Ram & Others have already been granted anticipatory bail by a
coordinate Bench of this Court passed in Cr. Misc. No. 81117 of
2025 and Cr. Misc. No. 88432 of 2025. vide order dated
10.12.2025 and 15.01.2026 respectively. Petitioner no. 1 has no
criminal antecedent.
8. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner no. 1.
9. Considering the aforesaid facts and circumstances
Patna High Court CR. MISC. No.4320 of 2026(2) dt.06-02-2026
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that petitioner has clean antecedent as well as similarly situated
co-accused have already been granted anticipatory bail, let the
petitioner no. 1, above named, in the event of his arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
C.J.M., Siwan in connection with Bhagwanpur Hat P.S. Case
No. 271 of 2025, subject to the conditions as laid down under
Section 482(2) of the Code of Criminal Procedure and with
other following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
Patna High Court CR. MISC. No.4320 of 2026(2) dt.06-02-2026
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criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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.
(Rajesh Kumar Verma, J)
khushbu/-
U
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