Patna High Court
Bablu @ Md. Sahjjad @ Md. BabluversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Bablu, sought anticipatory bail after the police registered a case alleging he, along with several others, assaulted two boys playing cricket, stole a gold chain and Rs. 2,200, and caused head injuries. The prosecution relied on the FIR but did not produce any medical injury report before the lower court. The petitioner argued he was innocent, that the incident was a trivial quarrel, and that similar co‑accused had already been granted anticipatory bail. The State opposed the bail, contending the seriousness of the offences under the Bhartiya Nyaya Sanhita, 2023. The High Court examined the lack of substantive evidence, the petitioner’s clean antecedents, and the precedent of bail to co‑accused, and consequently allowed the anticipatory bail. The bail was conditioned on a Rs. 10,000 bond with two sureties and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- What is the appropriateness of granting anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in the present case?
- Whether the prosecution has produced sufficient evidence, including a medical injury report, to justify denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 351(3), 352
Subjects
- anticipatory bail
- criminal procedure
- theft
- assault
- Bhartiya Nyaya Sanhita
- Section 482
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.887 of 2026
Arising Out of PS. Case No.-892 Year-2025 Thana- PHULWARISHARIF District- Patna
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Bablu @ Md. Sahjjad @ Md. Bablu S/o Md. Nasim @ Md. Nasib R/O Vill.-
Lahiyarchak Alampur Gonpura, P.s.- Phulwarisharif, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nafisu Zzoha, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 126(2)/115(2)/118
(1)/109/303 (2)/352/351(2)/351(3)/3(5) of the Bhartiya Nyaya
Sanhita, 2023.
3. The prosecution case, as per the First Information
Report, is that on 01.06.2025, at about 6 PM, while the
informants, namely, Ved Kumar and Manish Kumar, were
playing cricket, this petitioner, along with 4-6 other co-accused
persons, came there, abused them, snatched gold chain and cash
of Rs. 2200/- from them and also assaulted them, due to which
they sustained injuries in their heads.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.887 of 2026(2) dt.10-02-2026
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petitioner is innocent and has not committed any offence, as
alleged. He further submits that a quarrel took place on a trivial
issue during a cricket match between the boys of two groups.
The prosecution side has failed to produce any injury report
before the learned District Court, which would be evident from
the impugned order itself, in which there is no reference of any
injury. Rest of the allegations are ornamental in nature to make
the case grave. Similarly situated co-accused persons have
already granted anticipatory bail by this Court vide order dated
07.10.2025 passed in Cr. Misc. No. 69961 of 2025. Petitioner
claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the aforesaid facts and circumstances
of the case, this application is allowed.
7. Let the petitioner, above named, in the event of his
arrest or surrender before the Court below within a period of
eight weeks from today, be released on bail on furnishing bail
bonds of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Additional Chief
Judicial Magistrate-IV, Patna, in connection with Phulwarisharif
Police Station Case No. 892 of 2025, subject to the condition
Patna High Court CR. MISC. No.887 of 2026(2) dt.10-02-2026
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laid down under Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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