Patna High Court
Bablu Sah @ Bablu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail is granted to the petitioner subject to a bond of Rs.30,000 and conditions prescribed under Section 482(2) of the BNSS, 2023.
Summary
The petitioner, Bablu Kumar, filed an anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case (Gopalpur PS Case No. 258 of 2025) alleging offences under several sections of the Bhartiya Nyay Sanhita, 2023, including forcible land grabbing, assault and outraging modesty. The prosecution alleged that the petitioner, along with three others, attempted to seize the informant's land and assaulted her. The petitioner’s counsel argued his innocence, clean criminal record, and that the FIR was a retaliatory filing following a prior FIR lodged by his side, emphasizing the dispute was a mutual scuffle. The informant opposed bail, citing the brutal nature of the allegations, while the State noted that mediation had failed. The court, after considering the facts, granted anticipatory bail subject to a Rs.30,000 bond, a four‑week surrender period, and conditions that the trial court verify the petitioner’s antecedents and cancel bail if concealment is discovered.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482 of the BNSS, 2023 in view of the alleged offences.
- Whether the petitioner’s alleged criminal antecedent warrants denial of bail.
- Whether the failure of mediation impacts the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 2(1)(d), 482
- Bhartiya Nyay Sanhita — s. 115(2), 117(2), 118(1), 126(2), 352/3(5), 76
Subjects
- anticipatory bail
- Section 482
- criminal miscellaneous
- land dispute
- assault
- outraging modesty
- mediation failure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6997 of 2026
Arising Out of PS. Case No.-258 Year-2025 Thana- GOPALPUR District- Gopalganj
======================================================
Bablu Sah @ Bablu Kumar S/o Nathuni Sah R/o Village- Tola Palat Ray, P.S-
Gopalpur, Dist- Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shubhesh Pandey, Advocate
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 22-04-2026 Heard learned Counsel for the petitioner, learned
Counsel for informant and learned APP for the State.
2. The present criminal miscellaneous application has
been filed under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for
grant of anticipatory bail to the petitioner who apprehends arrest
in connection with Gopalpur P.S. Case No. 258 of 2025, lodged
on 24.09.2025, under Sections 126(2)/115(2)/118(1) /117(2) /76
/352/3(5) of the Bhartiya Nyay Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against
four named accused persons including the present petitioner.
The allegation against the accused persons, including the
present petitioner, is that they attempted to forcibly grab the
land of the informant and, in furtherance of the said intention,
Patna High Court CR. MISC. No.6997 of 2026(3) dt.22-04-2026
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assaulted her and attempted to outrage her modesty.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that the criminal antecedent of the petitioner is clean.
He also submits that one day prior to the occurrence, the
petitioner side had lodged the FIR against the informant side.
Subsequently, on the next day the informant side also lodged the
present FIR. Counsel submits that due to some land dispute,
scuffling took place between the parties and both sides have
sustained injury. Counsel further submits that petitioner is ready
to fulfill all the conditions whatsoever shall be imposed upon
him.
5. Learned Counsel for the informant vehemently
opposes the prayer for anticipatory bail and submits that there is
specific allegation against the present petitioner in the FIR and
the allegation is brutal in nature, therefore, anticipatory bail
application be rejected.
6. Learned APP for the State, on the other hand,
submits that the matter was referred for mediation and the
mediation is failed.
7. In the present facts and circumstances of this case,
let the above named petitioner be released on anticipatory bail,
Patna High Court CR. MISC. No.6997 of 2026(3) dt.22-04-2026
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in the event of arrest or surrender before the learned Court
below within a period of 4 weeks from today, on furnishing bail
bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in
Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Judicial
Magistrate, 1st Class, Gopalganj, in connection with Gopalpur
P.S. Case No. 258 of 2025, subject to the conditions as laid
down U/s 482(2) of the BNSS, 2023.
8. And further condition that the Trial Court shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the Trial Court shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Dr. Anshuman, J)
Mkr./-
U T
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