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Patna High Court

Bablu Kumar @ Bablu RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner on a bond of Rs.10,000 with two sureties, subject to specified conditions.

Summary

Bablu Kumar was arrested in connection with a murder case arising from an alleged assault on 14‑03‑2025, where co‑accused Pappu Rai is said to have struck the victim with an iron rod, leading to his death. The petitioner, who has a clean antecedent, sought bail, arguing that the specific assault allegation pertains only to the co‑accused and that the FIR and case diary support his non‑involvement. The prosecution opposed bail, citing the seriousness of the offences under the Bharatiya Nyay Sanhita, 2023 and the IT Act. The court examined the evidence, noted the petitioner’s clean record, and found no direct link to the assault, thereby granting bail on a bond of Rs.10,000 with two sureties and imposing conditions regarding trial cooperation, evidence tampering, and verification of antecedents. The bail order was directed to be implemented by the lower court without delay for verification.

Issues considered

  • Whether the petitioner is eligible for bail despite being charged with serious offences including homicide under the Bharatiya Nyay Sanhita, 2023 and the IT Act.
  • Whether the petitioner’s clean antecedent and lack of direct involvement in the assault justify granting bail.
  • Whether the court may impose conditions on bail such as bond, sureties, and compliance requirements.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • homicide
  • clean antecedent
  • conditions of bail
  • IT Act
  • Bharatiya Nyay Sanhita

Judgment

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                            CRIMINAL MISCELLANEOUS No.88281 of 2025
                 Arising Out of PS. Case No.-148 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
               ======================================================
               Bablu Kumar @ Bablu Ray S/O Shailendra Ray @ Shailendra Rai R/V
               Maharajganj, P.S- Gultenganj, Dist- Saran         ... ... Petitioner/s
                                                  Versus
               The State of Bihar                          ... ... Opposite Party/s
               ======================================================
               Appearance :
               For the Petitioner/s     :       Ms. Eashita Raj, Advocate
                                        :       Mr. Rishav Ujjain, Advocate
               For the Opposite Party/s :       Mr. Shyam Kumar Singh, APP
               ======================================================
               CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                     ORAL ORDER

3 02-04-2026                      Heard Ms. Eashita Raj, learned counsel for the

               petitioner as well as Mr. Shyam Kumar Singh, learned Additional

               Public Prosecutor for the State.

                          2. Petitioner seeks bail who is in custody since

               19.04.2025 in connection with Chapra Muffasil P.S. Case No. 148

               of 2025, F.I.R. dated 15.03.2025 for the offences punishable under

               Sections 126(2), 115(2), 118(1), 117(2), 109, 3(5) of the Bharatiya

               Nyay Sanhita, 2023 and 66(B), 66(D) of the IT Act.

                          3. According to prosecution case, it is alleged that on

               14.03.2025 at 4 P.M, when informant’s nephew was at his shop,

               then the petitioner along with other co-accused persons variously

               armed with lathi, danda and rod came to his shop and demanded

               Rs.5000/- and threatened to kill him. Upon protest, the accused

               persons assaulted his nephew due to which he sustained injuries on

               head and during the course of treatment he died.
Patna High Court CR. MISC. No.88281 of 2025(3) dt.02-04-2026
                                            2/3




                   4. Learned counsel for the petitioner submits that

      petitioner has clean antecedent and he has falsely been implicated

      in the present case. It appears from the FIR that specific allegation

      of assault is against co-accused, Pappu Rai that he assaulted

      deceased by means of Iron Rod but as per the injury report of the

      deceased, only one injury was found on the person of the deceased.

      She further submits that later on re-statement of informant was

      taken which is recorded in paragraph-4 of the case diary in which

      he has categorically stated that only Pappu Rai assaulted to his

      nephew and apart from that number of witnesses have stated that

      Pappu Rai has assaulted to the deceased which has been recorded

      in paragraph nos.5 and 6 of case diary and the petitioner is in

      custody since 19.04.2025.

                   5. The learned Additional Public Prosecutor has

      vehemently opposed the prayer for bail of the petitioner.

                   6. Considering the aforesaid facts and circumstances,

      petitioner has clean antecedent and it has come during

      investigation that Pappu Rai had assaulted to the deceased, let the

      petitioner, above named, be released on bail on furnishing bail

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

      amount each to the satisfaction of the learned C.J.M., Chapra,

      Saran in connection with Chapra Muffasil P.S. Case No. 148 of
            Patna High Court CR. MISC. No.88281 of 2025(3) dt.02-04-2026
                                                        3/3




                  2025, subject to the following conditions:-

                                i. Petitioner 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 his absence on two consecutive dates without sufficient

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

                                ii. If the petitioner tampers 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 petitioner and in case at any

                  stage it is found that the petitioner has concealed his criminal

                  antecedent, the court below shall take step for cancellation of bail

                  bond of the petitioner. 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)
Suruchi/-

U      T


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