Patna High Court
Dabloo @ Dablu @ Dabba @ Nishant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court granted pre‑arrest bail to the petitioner subject to bond, sureties and conditions under Section 482(2) of the BNSS 2023.
Summary
The petitioner, Dabloo, applied for pre‑arrest bail in a 2015 case registered under Section 392 of the Indian Penal Code for alleged robbery of a tractor and cash. The FIR did not specify the tractor’s registration number and the accusation was based largely on the co‑accused’s information, raising doubts about the sufficiency of the charge. The petitioner also disclosed two pending criminal cases, which the State argued should preclude bail. The court examined the FIR’s deficiencies and the principle that bail may be granted when the case is founded on mere suspicion, notwithstanding pending cases. Accordingly, the court ordered the petitioner’s release on pre‑arrest bail, subject to a bond, sureties, and conditions under Section 482(2) of the BNSS 2023, and directed the district court to verify his criminal antecedent.
Issues considered
- Whether pre‑arrest bail can be granted when the FIR lacks essential details and the accusation is based on suspicion.
- Whether the petitioner’s pending criminal antecedent bars the grant of bail.
- Whether Section 482(2) of the BNSS 2023 empowers the court to release the petitioner on pre‑arrest bail.
Legislation cited
- Indian Penal Code — s. 392
Subjects
- pre‑arrest bail
- Section 392 IPC
- robbery
- FIR deficiencies
- suspicion
- pending criminal cases
- Section 482(2) BNSS 2023
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68864 of 2025
Arising Out of PS. Case No.-47 Year-2015 Thana- HISUWA District- Nawada
======================================================
Dabloo @ Dablu @ Dabba @ Nishant Kumar S/o- Sanjay Singh R/o - Ghos-
rawan, P.S - Giriyak, District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar, Advocate
For the Opposite Party/s: Mr.Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
5 20-02-2026 Heard Mr. Pankaj Kumar, learned counsel appearing
on behalf of the petitioner and Mr. Ajit Kumar, learned APP for
the State.
2. Petitioner seeks pre-arrest bail in connection with
Hisua P.S.Case No.47 of 2015, registered for the offences
punishable under Sections 392 of the Indian Penal Code .
3. As per the allegation made in the FIR, some
accused persons attacked the Driver and Khalasi of a Messy
Tractor 1035, but the registration number of the Tractor has not
been disclosed in the FIR. It is alleged that they took away the
said Tractor forcibly and a sum of Rs.7,700/- kept in the Dicky
of the Tractor.
4. Learned counsel appearing on behalf of the
petitioner submitted that from perusal of the allegation made in
Patna High Court CR. MISC. No.68864 of 2025(5) dt.20-02-2026
2/3
the FIR, it appears that there is no reference of any Tractor and
the petitioner has been made accused only on the basis of
suspicion. The petitioner has criminal antecedent of two cases
pending against him.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail to the petitioner.
6. Having considered the rival submissions made on
behalf of the respective parties, as well as, having perused the
FIR, in which the details of the Tractor, which has allegedly
been snatched, has not been given and the petitioner has been
made accused on the basis of the information of the co-accused,
Kamaljee.
7. The petitioner is directed to be released on pre-
arrest bail, in the event of his arrest or surrender before the
learned district court within a period of four weeks from today,
on furnishing bail bond of Rs.10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of
learned J.M. F.C., Nawada/concerned court, in connection with
Hisua P.S.Case No.47 of 2015, subject to conditions as laid
down under Section 482(2) of BNSS of 2023
8. The learned district court is directed to verify the
criminal antecedent of the petitioner and if it is found that the
Patna High Court CR. MISC. No.68864 of 2025(5) dt.20-02-2026
3/3
petitioner is involved in some other cases as what has been
stated in paragraph No.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
chn/-
U T .
Checking your session…