Patna High Court
Babbar Yadav @ Raj Babbar Yadav @ Sanjay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(1), 117(2), 126(2), 3(5), 351(1), 351(2), 352, 480(3)
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
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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
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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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