Patna High Court
Baldev SorenversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioners with specified conditions.
Summary
Baldev Soren and Kishun Soren sought anticipatory bail fearing arrest in Barhat P.S. Case No. 136 of 2025, which alleged offences under several sections of the Bharatiya Nyaya Sanhita. The FIR primarily implicated Dharo Yadav and Dablu Yadav for instigating villagers who assaulted police, but the petitioners were also named. The petitioners offered to contribute Rs. 3,000 each to the Chief Minister’s Relief Fund and argued they had no criminal antecedent. The State opposed, contending the petitioners were also involved in the alleged assault. The High Court, noting the main accusation lay with the other accused and the petitioners’ clean record, granted anticipatory bail subject to a payment to the relief fund and strict bail conditions, including bond, sureties, regular court appearances, and non‑interference with witnesses.
Issues considered
- Whether the petitioners, though named in the FIR, are entitled to anticipatory bail under the Bharatiya Nyaya Sanhita.
- Whether the condition of contributing to the Chief Minister’s Relief Fund is permissible as a condition for bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 126(2), 132, 191(2), 191(3), 351(2), 352, 76
Subjects
- anticipatory bail
- FIR
- Bharatiya Nyaya Sanhita
- relief fund
- bail conditions
- police assault
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90507 of 2025
Arising Out of PS. Case No.-136 Year-2025 Thana- BARHAT District- Jamui
======================================================
1. Baldev Soren S/o Mangal Soren R/o Village- Kaduatari, P.S- Barhat, Distt.-
Jamui.
2. Kishun Soren S/o Mangal Soren R/o Village- Kaduatari, P.S- Barhat, Distt.-
Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satya Prakash Parasar, Advocate
For the State : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 15-01-2026 Heard the parties.
2. The petitioners are apprehending their arrest in
connection with Barhat P.S. Case No. 136 of 2025 registered for
the offence under Sections 191(2), 191(3), 126(2), 115(2),
117(2), 109, 76, 352, 351(2) and 132 of the Bharatiya Nyaya
Sanhita, lodged on 06.09.2025 by the informant, Urmila
Kumari.
3. As per the prosecution story, the Police on
information, raided the house of Manoj Besra in search of
liquor, allegation is that Dharo Yadav @ Dharmendra and Dablu
Yadav instigated the villagers which followed the assault on the
Police causing injuries. This led to the F.I.R.
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4. Learned counsel for the petitioners submit that a
perusal of the F.I.R. would show that main allegation is against
Dharo Yadav @ Dharmendra and Dablu Yadav and the Police
had gone to the house of Manoj Besra. Only because they are
villagers, implicated. Further, without accepting the allegation
and/or the outcome of the present petition, learned counsel for
the petitioners submit that they intend to contribute Rs. 3,000/-
each (totaling Rs. 6,000/-) to the Chief Minister’s Relief Fund.
5. Learned APP opposes the prayer submitting that
they have also been named who on the instigation the aforesaid
two named accused abused/assaulted the Police.
6. Taking into account the submissions of the parties
as also that the main allegation is against Dharo Yadav @
Dharmendra and Dablu Yadav, these two petitioners have no
criminal antecedent, shall be facing the trial, in that background,
this Court is inclined to extend them the privilege of
anticipatory bail subject to payment of Rs. 3,000/- each (totaling
Rs. 6,000/-) to the Chief Minister’s Relief Fund through
Demand Draft issued by the local branch of State Bank of
India/any Nationalized Bank and the receipt be submitted to the
learned trial Court.
7. Let the petitioners be released on bail in the event
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of arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) each with two sureties of like amount each to the
satisfaction of learned Chief Judicial Magistrate, Jamui, in
connection with Barhat P.S. Case No. 136 of 2025 subject to the
following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioners shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of their
bail bond by the Trial Court itself;
(iii) the petitioners shall appear before the concerned
police station every month for next six months to mark their
attendance and at the end of the period a certificate be submitted
before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(iv) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
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cancellation of the bail bonds;
(v) the petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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