Patna High Court
Bablu Rai @ Bablu Kumar RaiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
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
- Bharatiya Nagrik Suraksha Sanhita — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
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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