Patna High Court
Bablu Yadav @ Prabhat KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted as the allegations were not specific and the petitioner’s clean antecedent justified bail under Section 482(2).
Summary
The petitioner, Bablu Yadav, applied for anticipatory bail fearing arrest in a case registered under Sections 341, 323, 504, 506, 379 and 34 of the Bharatiya Nyaya Sanhita. The prosecution alleged that on 8 December 2023 the accused, including the petitioner, damaged an informant's motorcycle, assaulted him, and stole Rs. 35,000 while under the influence of alcohol. The petitioner contended that the allegations were vague, he had no specific overt act attributed to him, and he possessed a clean antecedent. The State opposed the bail, arguing the seriousness of the offences. Considering the nature of the accusations, the petitioner’s clean record, and the principle of liberty, the court granted anticipatory bail, directing that if arrested within eight weeks the petitioner be released on a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted in a case involving offences under Sections 341, 323, 504, 506, 379 and 34 of the Bharatiya Nyaya Sanhita.
- Whether the allegations against the petitioner are sufficiently specific to deny bail.
- Whether the petitioner’s clean antecedent warrants the exercise of discretion under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 323, 34, 341, 379, 504, 506
Subjects
- anticipatory bail
- criminal procedure
- clean antecedent
- bail conditions
- Section 482
- offences against person
- theft
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43663 of 2026
Arising Out of PS. Case No.-871 Year-2023 Thana- AURANGABAD TOWN District-
Aurangabad
======================================================
Bablu Yadav @ Prabhat Kumar S/o Dwarika yadav R/o Vill- Chauriya, P.S.-
Fesar, Distt- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mukul Kumari, Advocate
For the Opposite Party/s : Mr. Umeshanad Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 341, 323, 504, 506, 379
and 34 of the Bharatiya Nyaya Sanhita.
3. Prosecution case, in brief, is that on 08.12.2023, all
the F.I.R. named accused persons, including this petitioner, hit
the motorcycle of the informant with a Hyva vehicle. After that
the accused persons abused, assaulted, and injured him and also
snatched Rs. 35,000 from his pocket, and were under the
influence of alcohol.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Allegation
against the petitioner is general and omnibus and there is no
Patna High Court CR. MISC. No.43663 of 2026(2) dt.08-07-2026
2/2
allegation of any specific overt act against him. Rest of the
allegations are ornamental. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the backdrop of the case, nature of
accusation and clean antecedent, this anticipatory bail is allowed
and it is ordered that let the above named petitioner in the event
of his arrest/surrender before the court below within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Learned Court of Special
Judge, Excise-1, Aurangabad in connection with Aurangabad
Town P. S. Case No. 871 of 2023, subject to condition as laid
down under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
Sanjay/Alok-
U T
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