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Patna High Court

Babbar Yadav @ Raj Babbar Yadav @ Sanjay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond and conditions under Section 480(3) of the BNSS.

Summary

The petitioner, Babbar Yadav, was arrested in connection with a case alleging assault on a sarpanch and threatening him with a country‑made pistol, under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the petitioner, along with co‑accused, assaulted the informant and threatened him, while the petitioner contended that the allegations against him were non‑specific and that no overt act of threat could be attributed to him. The petitioner, in custody since 27‑08‑2025, sought bail, arguing innocence and lack of specific charge. The court examined the general nature of the allegations, the period of custody, and the filing of the charge‑sheet, and found no sufficient ground to deny bail. Accordingly, the court granted bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 480(3) of the BNSS. The bail order also required the petitioner’s presence at court dates and stipulated cancellation of bail upon non‑compliance.

Issues considered

  • Whether the petitioner is entitled to bail despite the non‑specific allegations of assault and threat under the Bharatiya Nyaya Sanhita, 2023.
  • Whether the nature of the charges and the period of custody justify denial of bail.
  • Applicability of Section 480(3) of the Bharatiya Nyaya Sanhita, 2023 in granting bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • threat with weapon
  • non‑specific allegations
  • Section 480
  • Bharatiya Nyaya Sanhita
  • Indian criminal law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8248 of 2026
                     Arising Out of PS. Case No.-254 Year-2025 Thana- SAHEBPUR KAMAL District-
                                                        Begusarai
                 ======================================================
                 Babbar Yadav @ Raj Babbar Yadav @ Sanjay Kumar S/O Chandi Yadav R/O
                 Village- Rajaura, P.S.- Sahebpur Kamal, Distt.- Begusarai.

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ranjeet Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Jharkhandi Upadhyay, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   17-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                02. In the present case, the petitioner seeks bail in

                   connection with Sahebpur Kamal P.S. Case No. 254 of 2025

                   (GR No. 3795 of 2025) registered for the alleged offences under

                   Sections 126(2), 115(1), 352, 351(1), 351(2), 109(1), 117(2) r/w

                   3(5) of Bharatiya Nyaya Sanhita, 2023.

                                03. As per prosecution case, as co-accused persons

                   assaulted one e-rikshaw driver, the informant being sarpanch

                   had been making inquiry from co-accused persons when the

                   petitioner and other co-accused persons abused and assaulted

                   him, causing a number of injuries to him. Further allegation

                   against the petitioner is that he threatened him with a country
Patna High Court CR. MISC. No.8248 of 2026(2) dt.17-02-2026
                                            2/3




          made pistol.

                       04. Learned counsel for the petitioner submits that the

          petitioner is innocent and has been falsely implicated in this

          case. No occurrence in the manner as alleged has ever taken

          place. There is general and omnibus allegation against four

          persons for assault against the informant. There is no specific

          allegation of assault against this petitioner and only specific

          allegation is for threatening the informant with a country made

          pistol. But no overt act threatening the life of the informant is

          attributed to the petitioner. The petitioner is in custody since

          27.08.2025 and charge-sheet has been submitted. The petitioner

          is having antecedent of altogether 12 cases and he has been

          acquitted in one case and is on bail in rest cases.

                       05. Learned APP for the State opposes the submission

          made on behalf of the petitioner. Learned APP submits that a

          number of injuries were caused to the informant.

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          general and non-specific nature of allegation against the

          petitioner and further considering the period of custody of the

          petitioner along with submission of charge-sheet, the petitioner

          above named is directed to be released on bail on furnishing bail
           Patna High Court CR. MISC. No.8248 of 2026(2) dt.17-02-2026
                                                       3/3




                     bonds of Rs. 10,000/- (ten thousand) with two sureties of the

                     like amount each to the satisfaction of learned Additional Chief

                     Judicial Magistrate-IV, Begusarai/court concerned in connection

                     with Sahebpur Kamal P.S. Case No. 254 of 2025 (G.R. No.

                     3795 of 2025), subject to the conditions mentioned in Section

                     480(3) of BNSS and the following conditions:

                                  (i) One of the bailors will be a close relative of

                                  the petitioner.

                                  (ii) The petitioner will remain present on each and

                                  every date fixed by the court below.

                                  (iii) In case of absence on three consecutive dates

                                  or in violation of the terms of the bail, the bail

                                  bond of the petitioner will be liable to be

                                  cancelled by the court concerned.



                                                       (Arun Kumar Jha, J)
Ashish/-

U      T


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