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Patna High Court

Bablu Yadav @ Prabhat KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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