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Patna High Court

Babulal RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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bail was granted to petitioner No.1 with specified conditions, and the petition for petitioner No.2 was dismissed as withdrawn.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bond, two sureties, and conditions under Section 482(2) of the CrPC, and dismissed the petition for petitioner No.2 as withdrawn.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

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
                                            3/4




          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
                                                        4/4




                      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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