Patna High Court
Bablu Yadav @ Babloo YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
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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.
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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
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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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