Patna High Court
Bablu Kumar @ Bablu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted anticipatory bail to the petitioner, subject to a bond and sureties, under Section 482(2) of the BNSS.
Summary
The petitioner, Bablu Kumar, sought anticipatory bail in connection with a case registered under multiple sections of the Bharatiya Nyaya Sanhita, alleging a single assault on an informant with bricks. The petitioner argued he had no prior criminal record and that the alleged injuries were simple, with no premeditation. The State opposed the bail application. Considering the petitioner’s clean antecedent and the nature of the alleged injuries, the Court exercised its power under Section 482(2) of the BNSS and granted anticipatory bail, subject to a bond of Rs. 20,000 and two sureties of equal amount. The order directs that if arrested within six weeks, the petitioner be released on bail under the stipulated conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita given the nature of the alleged offences.
- Whether the petitioner’s clean antecedent and the simple nature of the alleged injuries justify the grant of anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 126(2), 3(5), 351(2), 352, 482(2), 74
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 482
- bail bond
- sureties
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9167 of 2026
Arising Out of PS. Case No.-209 Year-2025 Thana- CHIKSAUR District- Nalanda
======================================================
Bablu Kumar @ Bablu Yadav S/o Late Babu Chand Yadav R/o Village -
Bhawani Bigha, P.S - Chiksaura, District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Tej Narayan Singh, Advocate
For the Opposite Party/s : Mr. Ashok Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 26-02-2026 Heard learned counsel for the Petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in connection
with Chiksaura P.S. Case No. 209 of 2025 dated 29.10.2025
registered for the offences punishable under Sections 126(2),
115(2), 352, 351(2), 109(1), 74 and 3(5) of the Bharatiya Nyaya
Sanhita.
3. Mr. Tej Narayan Singh, learned counsel appearing
for the petitioner, submits that the petitioner has no criminal
antecedent. Against him, there is a simple allegation of having
assaulted the informant on the head by means of bricks,
however, he is not alleged to have assaulted the informant
repeatedly by using the said means. All the injuries sustained by
the informant have been opined to be simple in nature and the
Patna High Court CR. MISC. No.9167 of 2026(2) dt.26-02-2026
2/2
alleged occurrence is not stated to have been committed in a
premeditated manner.
4. Learned APP appearing for the State has opposed the
prayer for bail of the petitioner.
5. In the facts and circumstances of this case and
considering the aforesaid submissions, the pleas taken by the
petitioner in his petition, mainly coupled with the petitioner’s
fair and clean antecedent and the nature of the injuries found on
the person of the informant, this Court is inclined to grant the
relief of anticipatory bail to the petitioner. Accordingly, let the
petitioner named-above, in the event of his arrest or surrender
before the learned Court below within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
bond of Rs. 20,000/- (Rupees Twenty Thousand) with two
sureties of the like amount each to the satisfaction of the Court
concerned in connection with Chiksaura P.S. Case No. 209 of
2025, subject to the conditions as laid down under Section
482(2) of the BNSS.
(Shailendra Singh, J)
maynaz/-
U T
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