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Patna High Court

Bablu Yadav @ Babloo YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court ordered that the petitioners be released on bail subject to specified conditions.

Summary

The petitioners, Bablu Yadav, Chandan Yadav and Bhavesh Yadav, were arrested on 3 August 2025 in connection with FIR No. 554 of 2025 alleging multiple offences including assault, grievous hurt and outraging modesty under the BNS, 2023. The informant claimed the accused attacked her husband and family members during a land dispute, while the petitioners' counsel contended that the FIR was fabricated and lacked specific allegations against them. The State opposed bail, highlighting the seriousness of the alleged offences and the petitioners' prior criminal cases. The High Court examined the merits of the bail application, considering the presumption of innocence, the nature of the accusations, and the petitioners' custody duration. It granted bail to each petitioner on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation with the trial, non‑tampering with evidence, and verification of criminal antecedents.

Issues considered

  • Whether bail should be granted to the petitioners accused of offences under Sections 191(2), 191(3), 190, 118(2), 126(2), 109, 118(1), 125, 303(2), 76 and 119(1) of the BNS, 2023.
  • Whether the allegations in the FIR constitute sufficient ground to deny bail.

Legislation cited

  • BNS, 2023 — s. 109, 118(1), 118(2), 119(1), 125, 126(2), 190, 191(2), 191(3), 303(2), 76

Subjects

  • bail
  • criminal procedure
  • assault
  • FIR
  • fabricated allegations
  • land dispute
  • conditions of bail
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87638 of 2025
                  Arising Out of PS. Case No.-554 Year-2025 Thana- SAHARSA SADAR District- Saharsa
                 ======================================================
           1.     Bablu Yadav @ Babloo Yadav S/O Bucho Yadav @ Upendra Yadav
                  Resident of Ramfal Sah Tola, Ward No.12, P.S.- Saharsa Sadar, District
                  Saharsa
           2.    Chandan Yadav S/O Bucho Yadav @ Upendra Yadav Resident of Ramfal
                 Sah Tola, Ward No.12, P.S.- Saharsa Sadar, District Saharsa
           3.    Bhavesh Yadav S/O Bucho Yadav @ Upendra Yadav Resident of Ramfal
                 Sah Tola, Ward No.12, P.S.- Saharsa Sadar, District Saharsa

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Amarnath Jha, Advocate
                 For the Opposite Party/s :      Mr.Nirmal Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

6   30-03-2026                  Heard Mr.Amarnath Jha, learned counsel for the

                   petitioners, learned counsel for the informant and Mr.Nirmal

                   Kumar Sinha, learned A.P.P. for the State.

                                2. The petitioners seek bail, who are in custody since

                   03.08.2025 in connection with Saharsa Sadar P.S.Case No.554

                   of 2025, F.I.R. dated 12.05.2025 registered for the offence

                   punishable under Section 191(2), 191(3), 190, 118(2), 126(2),

                   109, 118(1),125,303(2),76,119(1) of BNS, 2023.

                                3. The brief facts leading to lodging of the present

                   FIR as per informant Usha Devi is that on 12.05.2025 at about

                   10:30 AM when her husband was cultivating his land then all
Patna High Court CR. MISC. No.87638 of 2025(6) dt.30-03-2026
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          the accused/petitioners along with other co-accused, lashed with

          several weapons brutally beaten her husband. It has been further

          alleged that Dhirendra Yadav and Bablu Yadav hit and caused

          head injury to Kamal Pandit and Ganesh Yadav. Amit Kumar.

          Nankhu Yadav caused bodily injury to the husband of the

          informant. The accused/petitioner Chandan Yadav gave a farsa

          blow to Bharmnand Pandit and accused/petitioner Bablu Yadav

          outraged the modesty of the informant and co-accused Nankhu

          Yadav put his gun in the mouth of informant.

                       4. Learned counsel appearing for the petitioners

          submits that the allegation as alleged in the FIR is false and

          fabricated and the petitioners have not committed any offence as

          alleged in the FIR. Further submits that it appears from the FIR

          that due to some petty reason, the present occurrence had taken

          place and there is no specific allegation of any assault or overt-

          act attributed against the petitioners rather there is general and

          omnibus allegation against all the accused persons including the

          petitioners and apart from that, it appears from the FIR itself

          that due to land dispute, the present occurrence had taken place

          and the police, after investigation, submitted chargesheet against

          the petitioners and the petitioners are in custody since

          03.08.2025.
Patna High Court CR. MISC. No.87638 of 2025(6) dt.30-03-2026
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                       5. Learned counsel for the informant and learned APP

          for the State have opposed the prayer for bail of the petitioners

          and submits that the petitioners are named in the FIR, apart from

          that, they have assaulted to the family members of the

          informant. Further submits that the petitioners carry five more

          cases other than the present one.

                       6. Considering the aforesaid fact, let the petitioners,

          above named, be released on bail on furnishing bail bond of

          Rs.10,000/- (Ten Thousand) each with two sureties of the like

          amount each to the satisfaction of learned Chief Judicial

          Magistrate, Saharsa in connection with Saharsa Sadar P.S.Case

          No.554 of 2025, with the following conditions:-

                       (I) Petitioners shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and

          on their absence on two consecutive dates without sufficient

          reason, their bail bond shall be cancelled by the Court below.

                       (II) If the petitioners tamper with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       (III) And, further condition that the court below shall

          verify the criminal antecedent of the petitioners and in case at
           Patna High Court CR. MISC. No.87638 of 2025(6) dt.30-03-2026
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                     any stage, it is found that the petitioners have concealed their

                     criminal antecedent, the court below shall take step for

                     cancellation of bail bond of the petitioners. However, the

                     acceptance of bail bonds in terms of the above-mentioned order

                     shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Nitesh/-

U


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