Patna High Court
Babul Yadav @ Babul KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court held that the petitioner was not concerned with the alleged occurrence and therefore granted pre‑arrest bail subject to the stipulated conditions.
Summary
The petitioner, Babul Yadav, was charged under multiple sections of the Bihar Non‑Statutory (BNS) for allegedly participating in an unlawful assembly that entered an informant's agricultural land, destroyed crops and demanded a Rs 10 lakh extortion. The petitioner contended that he is the lawful owner of the land, was not present at the alleged incident, and that the case stems from a land dispute. The State opposed the bail, arguing the seriousness of the offences. The Court, after reviewing the FIR and the petitioner's claim of non‑involvement, directed that he be released on pre‑arrest bail upon surrendering within four weeks, furnishing a bail bond of Rs 10,000 with two sureties, and subject to verification of his criminal antecedents. The order will lapse if the petitioner is found to be involved in other cases. The bail application was disposed of with the grant of pre‑arrest bail.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite the serious nature of the charges under the BNS.
- Whether the allegations in the FIR establish a prima facie case against the petitioner.
- Whether the land dispute and claim of non‑presence negate the petitioner’s participation in the alleged unlawful assembly.
- What conditions under Section 438(2) Cr.P.C. and Section 482(2) BNS are applicable for granting bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- pre‑arrest bail
- unlawful assembly
- land dispute
- extortion
- Criminal Procedure Code
- Bihar Non‑Statutory
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70721 of 2025
Arising Out of PS. Case No.-153 Year-2025 Thana- BIHARIGANJ District- Madhepura
======================================================
Babul Yadav @ Babul Kumar S/o Naval Yadav @ Nawal Yadav R/o Village-
Maharajganj (Tema-Bhela), P.S.- Gwalpara (Arar O.P.), District- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Alok Kumar Singh, Advocate.
For the Opposite Party/s : Mr.Kumar Ranjit Ranjan, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 26-02-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Bihariganj P.S. Case No. 153 of 2025 registered for the
offence punishable under Sections 115(2), 126(2), 324(1),
303(2), 308 (1), 352, 351(2) and 3(5) of the BNS.
3. As per the allegation made in the F.I.R., on
16.04.2025 at about 07:00 a.m., the petitioner along with other
named accused persons and 5–7 unknown criminals, allegedly
armed with deadly weapons, formed an unlawful assembly and
forcibly entered the informant’s agricultural land. It is alleged
that the accused persons cut and removed the maize crop grown
by the informant, despite the land standing in the name of the
informant’s wife, over which the informant claims peaceful
Patna High Court CR. MISC. No.70721 of 2025(3) dt.26-02-2026
2/3
possession by ploughing the land and paying rent receipts for a
long period. While the informant came at the field, the accused
persons allegedly threatened him of dire consequences and
demanded extortion of Rs. 10 lakh.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner is innocent and he has
committed no offence as alleged in the F.I.R. There is land
dispute between the parties. Petitioner is the lawful owner of the
land and the informant on the basis of some rent receipt
claiming his possession over the land which was objected by the
petitioner and other family members. Petitioner has no concern
with the alleged occurrence nor he was present at the place of
occurrence. On these grounds, learned counsel submitted that
the petitioner having no role with the alleged occurrence seeks
to be released on pre-arrest bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the F.I.R. and the fact that the petitioner is not concerned with
the alleged occurrence, the petitioner, above named, is directed
to be released on pre-arrest bail, in the event of his arrest or
Patna High Court CR. MISC. No.70721 of 2025(3) dt.26-02-2026
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surrender before the Court below 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 SDJM, Udakishunganj, Madhepura in
connection with Bihariganj P.S. Case No. 153 of 2025, subject
to the condition as laid down under Section 438(2) Cr.P.C /
482(2) BNSS.
7. The District Court is directed to verify the criminal
antecedent of the petitioner and if it is found that the petitioner
is involved in some other cases as what has been stated in Para-
3 of the bail petition, this order will automatically lose its force.
8. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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