Patna High Court
Bablu Hansda @ Bablu HasdaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that, owing to the vague nature of the allegations, the petitioner's clean antecedent and the filing of the charge‑sheet, bail must be granted under Section 480(3) of the Bharatiya Nyaya Sanhita.
Summary
Petitioner Bablu Hansda was arrested in connection with a shooting alleged under Sections 109(1), 61(2) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The informant, who had a personal enmity with the petitioner, named him as one of the assailants, but no eyewitness or material evidence linked the petitioner to the crime. The petitioner’s counsel argued that the FIR was vague, the petitioner had a clean antecedent, and he had been in custody since 22‑06‑2025 with a charge‑sheet already filed. The State opposed bail. Considering the vague allegations, the petitioner’s clean record, and the period of custody, the court ordered his release on bail with a bond of Rs.10,000 and conditions under Section 480(3) of the BNSS.
Issues considered
- Whether the petitioner is entitled to bail despite the serious nature of the offences alleged.
- Whether the FIR and the material on record are sufficient to justify continued detention.
- Whether Section 480(3) of the Bharatiya Nyaya Sanhita applies to grant bail in the present circumstances.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 3(5), 480(3), 61(2)
Subjects
- bail
- criminal procedure
- vague FIR
- false implication
- Arms Act
- Bharatiya Nyaya Sanhita
- clean antecedent
- Section 480(3)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67907 of 2025
Arising Out of PS. Case No.-29 Year-2025 Thana- Anandpur District- Banka
======================================================
Bablu Hansda @ Bablu Hasda S/o Andhi Hansda Resident of village -
Mathuriya (Simratarn), P.S - Anandpur, District - Banka (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Anamika Kumari, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
3 05-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Anandpur P.S. Case No. 29 of 2025 registered
for the alleged offences under Sections 109(1), 61(2) read with
Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and Section 27
of the Arms Act.
03. As per prosecution case, while the informant had
been sleeping outside his house, someone shot him in his
backside in the dead of night. The informant named this
petitioner and other co-accused persons who might have
committed this offence.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.67907 of 2025(3) dt.05-01-2026
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case. Learned counsel further submits that the FIR has been
lodged with completely vague averment. The informant is co-
villager of the petitioner and there is previous enmity between
them. The petitioner has been named merely on suspicion. No
one has seen the occurrence and no material has come up on
record against the petitioner to show his involvement in the
alleged occurrence. Learned counsel further submits that the
petitioner is having clean antecedent. The petitioner is in
custody since 22.06.2025 and charge-sheet has been submitted.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
completely vague nature of allegation and further considering
the period of custody of the petitioner and his clean antecedent
along with submission of charge-sheet, the petitioner above
named is directed to be released on bail on furnishing bail bonds
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Banka/court concerned in connection with
Anandpur P.S. Case No. 29 of 2025, subject to the conditions
mentioned in Section 480(3) of BNSS and the following
Patna High Court CR. MISC. No.67907 of 2025(3) dt.05-01-2026
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conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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