Patna High Court
Bablu Kumar @ HemrajversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to petitioners 1, 3, 4 and 5 with conditions, and denied anticipatory bail to petitioner 2.
Summary
The petitioners, five accused persons, sought anticipatory bail fearing arrest in connection with Pahleja Police Station Case No. 109 of 2025, which alleged offences under several sections of the Bihar Penal Code relating to assault over a payment dispute. The prosecution alleged that the accused assaulted various individuals, resulting in both grievous and simple injuries. The petitioners argued that the incident was a minor scuffle and that there were counter‑claims, especially for petitioners 1 and 3, who are students, and that the allegations against some were omnibus. The court examined the nature of the injuries and the presence of omnibus allegations, rejecting the bail request of petitioner 2 while granting anticipatory bail to petitioners 1, 3, 4 and 5 subject to conditions under Section 438(2) of the Criminal Procedure Code. The order imposed a cash bail of Rs.10,000 with two sureties and several compliance conditions, including regular appearance before the trial court and police station, and a prohibition on tampering with witnesses.
Issues considered
- Whether anticipatory bail should be granted to the accused under Section 438(2) Cr.P.C. in view of the alleged offences and nature of injuries.
- Whether the presence of an omnibus allegation and the classification of injuries as grievous or simple affect the grant of bail.
- Whether the bail application of petitioner no.2 should be denied while granting bail to the others.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438
- Criminal Procedure Code
- Bihar Penal Code
- assault
- grievous injury
- simple injury
- omnibus allegation
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7274 of 2026
Arising Out of PS. Case No.-109 Year-2025 Thana- Pahelja P.S. District- Saran
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1. Bablu Kumar @ Hemraj S/o Late Chhihattar Mian R/o Village - Kasmar
Machhali Hat, P.S - Pahleja, District - Saran
2. Tetar Kumar @ Md. Afroj S/o Late Chhihattar Mian R/o Village - Kasmar
Machhali Hat, P.S - Pahleja, District - Saran
3. Golu Kumar @ Md. Sabir S/o Late Chhihattar Mian R/o Village - Kasmar
Machhali Hat, P.S - Pahleja, District - Saran
4. Md. Mustak @ Mustak Mian S/o Late Memi Mian R/o Village - Kasmar
Machhali Hat, P.S - Pahleja, District - Saran
5. Jinod Mian S/o Late Memi Mian R/o Village - Kasmar Machhali Hat, P.S -
Pahleja, District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Kumar Thakur, Adv.
For the Opposite Party/s : Mr. Brajendra Nath Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 01-04-2026 Heard Mr. Ranjit Kumar Thakur, learned Counsel
for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection
with Pahleja P.S. Case No. 109 of 2025 for the offence
registered under sections 126(2), 115(2), 118(1), 109(1), 352,
351(2)(3), 3(5) of BNS.
3. As per the prosecution story, the informant alleged
that the accused persons arrived and on the issue of payment of
Rs. 1,000/-, after abuse, the assault took place in which
Patna High Court CR. MISC. No.7274 of 2026(3) dt.01-04-2026
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petitioner no. 2, Tetar Kumar @ Afroj assaulted Priyanshu while
Md. Mustak (petitioner no. 4) assaulted Ashutosh (informant)
whereas against petitioner no. 5 (Jinod Mian), the allegation is
that he assaulted Golu. This followed the FIR.
4. Learned Counsel for the petitioners submit that
there is case and counter case, minor scuffle has been given
different colour and so far as petitioner no. 1 and 3, namely,
Bablu Kumar and Golu Kumar are concerned, omnibus
allegation is there, they are students.
5. Learned APP for the State, on the other hand, has
taken this Court to the injury report to show that so far as injury
to Priyanshu is concerned, it has been found to be grievous in
nature though on Ashutosh, it has been recorded as simple
injury.
6. Considering the submissions of the parties
aforesaid, so far as the relief sought for by petitioner no. 2, Tetar
Kumar @ Md. Afroj is concerned, the same is rejected.
7. Regarding other petitioners, in view of the fact that
against some, omnibus allegation is there while against Md.
Mustak, the assault made on the informant has been found to be
simple in nature, as submitted above, in that background, this
Court is inclined to grant the petitioner nos. 1, 3, 4 and 5,
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namely, Bablu Kumar, Golu Kumar, Md. Mustak and Jinod
Mian the anticipatory bail with conditions.
8. Let the petitioner nos. 1, 3, 4 and 5, namely, Bablu
Kumar, Golu Kumar, Md. Mustak and Jinod Mian in the event
of arrest or surrender within a period of four weeks from the
date of receipt of the order, shall be released on anticipatory bail
on furnishing bail of Rs. 10,000/- (ten thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Judicial Magistrate, 1st Class, Saran, Chapra in connection with
Pahleja P.S. Case No. 109 of 2025 subject to condition as laid
down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioner nos. 1, 3, 4 and 5, namely,
Bablu Kumar, Golu Kumar, Md. Mustak and Jinod Mian, who
shall provide official document (Aadhar Card, PAN Card,
Driving License, Voter ID) to show his bona fide;
(ii) the petitioner nos. 1, 3, 4 and 5, namely, Bablu
Kumar, Golu Kumar, Md. Mustak and Jinod Mian shall appear
on each and every date before the Trial court and failure to do so
for two consecutive dates without plausible reason will entail
cancellation of his bail bond by the Trial court itself;
(iii) the petitioner nos. 1, 3, 4 and 5, namely, Bablu
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Kumar, Golu Kumar, Md. Mustak and Jinod Mian shall appear
before the concerned police station every fortnight for next six
months to mark attendance and at the end of the period, the
certificate be submitted to the Court;
(iv) the petitioner nos. 1, 3, 4 and 5, namely, Bablu
Kumar, Golu Kumar, Md. Mustak and Jinod Mian shall in no
way try to induce or promise or threat the witnesses or tamper
with the evidences, failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(v) the petitioner nos. 1, 3, 4 and 5, namely, Bablu
Kumar, Golu Kumar, Md. Mustak and Jinod Mian shall desist
from committing any criminal offence again failing which the
State shall be at liberty to take steps for cancellation of the bail
bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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