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Patna High Court

Bablu Hansda @ Bablu HasdaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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