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Patna High Court

Dabloo @ Dablu @ Dabba @ Nishant KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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   .


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