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Patna High Court

Bablu Rai @ Bablu Kumar RaiversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Bail was granted to the petitioner subject to a bond of Rs.10,000, two sureties and conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

Summary

The petitioner, Bablu Rai, sought bail in connection with Doriganj Police Station Case No. 217 of 2025, which alleged offences under several sections of the Bharatiya Nagrik Suraksha Sanhita (BNS). He was accused of striking an informant on the head during an alleged interception, causing a head injury, and of participating in an assault and theft. The petitioner contended that a prior incident on 08.06.2025 had led to an FIR (Case No. 213 of 2025) against the informant, and that the injury to the informant was minor, supported by a medical report. The State opposed bail, arguing the petitioner’s active participation in the crime. The Court, noting the prior FIR, the petitioner’s clean antecedent and the simple nature of the injury, granted bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNS.

Issues considered

  • Whether bail should be granted to the petitioner pending trial for the offences alleged in Doriganj P.S. Case No. 217 of 2025

Legislation cited

Subjects

  • bail
  • assault
  • criminal procedure
  • Bharatiya Nagrik Suraksha Sanhita
  • simple injury
  • antecedent
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83583 of 2025
                       Arising Out of PS. Case No.-217 Year-2025 Thana- DORIGANJ District- Saran
                 ======================================================
                 Bablu Rai @ Bablu Kumar Rai S/o Jaypal Rai Residet of Village- Balvan
                 Tola, P.S- Doriganj, District- Saran At Chapra

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dewendra Narayan Singh
                 For the Opposite Party/s :       Mr.Ram Bilash Roy Raman
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   05-01-2026                  Heard the parties.

                                2. The petitioner apprehends his arrest in connection

                   with Doriganj P.S. Case No. 217 of 2025, registered for the

                   offences punishable under Sections 126(2), 115(2), 109, 303(2)

                   352, 351(2), 3(5) of the BNS.

                                3. On the fateful day, while the informant along with

                   his cousin were coming on the motorcycle, in the meanwhile,

                   they were intercepted by the accused persons, including the

                   petitioner. It is specifically alleged that this petitioner gave a

                   dabiya blow over the head of the informant due to which he

                   sustained head injury, besides the allegation against other co-

                   accused persons of causing assault to the informant and his

                   cousin and snatching of valuables.

                                4. Learned Advocate for the petitioner submitted that
Patna High Court CR. MISC. No.83583 of 2025(2) dt.05-01-2026
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          in fact a day prior to the alleged occurrence on 08.06.2025 at

          about 4:00 pm, when the petitioner had gone for making

          supervisioin and taking photographs of the barrage, which was

          constructed nearby the Community Hall, in the meanwhile, the

          informant along with others surrounded him and started

          abusing. When protest was made, he was also assaulted, which

          resulted into lodging of the FIR being Doriganj P.S. Case No.

          213 of 2025 against the informant and his brothers, which is

          admittedly on earlier point of time. So far the injury which is

          allegedly sustained to the informant is concerned, the same is

          found to be simple in nature. To support the aforesaid

          contention, the injury report is placed on record as Annexure

          P/3. The petitioner bears fair antecedent and he undertakes that

          he will fully cooperate in the proceeding of the court.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the bail application and submitted that the

          petitioner has actively participated in the crime and brutally

          assaulted the informant.

                       6. Having considered the submissions advanced by

          the learned Advocates for the respective parties and taking note

          of factum of institution of Doriganj P.S. Case No. 213 of 2025,

          which was prior to the institution of the present case, besides the
           Patna High Court CR. MISC. No.83583 of 2025(2) dt.05-01-2026
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                     fair antecedent and the simple nature of injury, let the petitioner

                     abovenamed be released on bail, in the event of his arrest or

                     surrender before the court below within a period of four weeks

                     from the date of receipt/production of a copy of this order, upon

                     furnishing bail bonds of Rs.10,000/- (ten thousand) with two

                     sureties of the like amount each to the satisfaction of the learned

                     Additional Chief Judicial Magistrate-VIII, Saran at Chapra in

                     connection with Doriganj P.S. Case No. 217 of 2025, subject to

                     the conditions laid down in Section 482(2) of the Bharatiya

                     Nagrik Suraksha Sanhita, 2023, with the further condition that

                     one of the bailors shall be the own/close family members of the

                     petitioner.



                                                 (Harish Kumar, J)
Anjani/-

U      T


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