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Bombay High Court

ABHIJIT BABASO PATILversusTHE STATE OF MAHARASHTRA

Disposal
Allowed

Holding

The court held that the applicants are entitled to anticipatory bail.

Summary

The Bombay High Court, Kolhapur Bench, considered two anticipatory bail applications (Nos. 2526 and 2527 of 2025) filed by Ranjit Madan Nikam and Abhijit Babaso Patil in connection with Crime No. 286 of 2025, alleged to involve assault causing grievous hurt under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the applicants, along with co‑accused, assaulted the informant’s son and his friend with wooden and iron rods, resulting in a fractured hand. The court noted that the weapons had been recovered, the applicants had no prior criminal record, and bail had already been granted to other co‑accused. Relying on these facts and the principles of anticipatory bail, the court held the applicants were entitled to bail. Accordingly, the applications were allowed, each applicant was released on a personal bond of Rs.15,000 with one surety and directed to cooperate with the investigation and not tamper with evidence.

Issues considered

  • Whether anticipatory bail should be granted to the applicants under the Bharatiya Nyaya Sanhita, 2023 for the alleged offences.
  • Whether the absence of prior criminal antecedents and the existence of bail for co‑accused justify granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • assault
  • grievous hurt
  • criminal procedure
  • bail conditions

Judgment

                                                                         1
                                                                         46-ABA-2526-2025 AND 47-ABA-2527-2025.DOC


                                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                         CIRCUIT BENCH AT KOLHAPUR
                                                       CRIMINAL APPELLATE JURISDICTION

                                                ANTICIPATORY BAIL APPLICATION NO. 2526 OF 2025

                                    Ranjit Madan Nikam                                       ...Applicant
                                          Vs.
                                    The State of Maharashtra                                 ...Respondent

                                                                 -----
                                    Mr. Umakant Waghmare h/f Mr. Milind Deshmukh, for Applicant.
                                    Mr. S. H. Yadav, APP for the Respondent-State.
                                    Mr. Vikrant Patil, API, Vaduj Police Station, District: Satara, present.
            Digitally signed
            by SHANTANU
SHANTANU
SHANKARSA
DHUDUM
            SHANKARSA
            DHUDUM
            Date:
                                                                       -----
            2026.01.14
            18:46:34 +0530


                                                                     AND
                                                ANTICIPATORY BAIL APPLICATION NO. 2527 OF 2025

                                    Abhijit Babaso Patil                                     ...Applicant
                                          Vs.
                                    The State of Maharashtra                                 ...Respondent

                                                                 -----
                                    Mr. Umakant Waghmare h/f Mr. Milind Deshmukh, for Applicant.
                                    Mr. Anand Subhash Shalgaonkar. APP, for the Respondent-State.
                                    Mr. Vikrant Patil, API, Vaduj Police Station, District: Satara, present.
                                                                       -----


                                                             CORAM       :     NITIN B. SURYAWANSHI, J.
                                                             DATE        :     13th JANUARY 2026.
                                    P.C.

                                    1.           Both Applicants apprehend arrest in Crime No.286 of 2025

                                    registered with Vaduj Police Station, District: Satara, for the offences

                                    punishable under Sections 351(3), 351(2), 191(2), 190, 189(1),


                           Shantanu S. Dhudum
                                               2
                                               46-ABA-2526-2025 AND 47-ABA-2527-2025.DOC


         352, 115(2), 118(2) and 118(1) of the Bharatiya Nyaya Sanhita,

         2023 (for short, “BNS Act”).

         2.          The prosecution case is that on 25th October, 2025,

         Applicants and co-accused assaulted the first informant’s son along

         with his friend with wooden rod and iron rod. Due to said assault, the

         hand of the friend of first informant’s son is fractured. The allegations

         against Applicants are that Applicant No.1 assaulted the friend of the

         first informant with fist and kick blows. On the statement of eye

         witnesses, name of Applicant No.2 is involved in this crime.

         3.          Heard learned advocate for Applicants and learned APP for

         the Respondent - State instructed by Investigating Officer is present in

         the Court. Perused the investigation papers.

         4.          The allegations of causing grievous hurt to injured Pawan is

         attributed to accused Abhijit Patil. Though against Applicant Ranjit

         there are allegations that he assaulted with iron pipe to Vaishnav

         Ramesh Pawar, his medical certificate is not on record. The weapons

         allegedly used in the crime are already recovered. The Applicants

         have no criminal antecedents.

         5.          This Court by order dated 18th December, 2025 has granted

         anticipatory bail to the co-accused Sayaji Shahaji Sargar and Shivaji

         Sahaji Sargar.

         6.          In the light of the above, the Applicants are entitled for bail.

Shantanu S. Dhudum
                                               3
                                               46-ABA-2526-2025 AND 47-ABA-2527-2025.DOC


         7.          In the result, the applications are allowed.

         8.          In the event of arrest, Applicants - Ranjit Madan Nikam and

         Abhijit Babaso Patil in connection with Crime No.286 of 2025

         registered with Vaduj Police Station, District: Satara, for the offences

         punishable under Sections 351(3), 351(2), 191(2), 190, 189(1),

         352, 115(2), 118(2) and 118(1) of the Bharatiya Nyaya Sanhita,

         2023 (for short, “BNS Act”), they be released on executing Personal

         Bond of Rs.15,000/- each with one surety in the like amount.

         9.          Applicants shall attend the concerned police station from

         19th to 24th January, 2026 between 10:00 to 2:00 p.m. and shall co-

         operate in the investigation.

         10.         The Applicants shall not tamper the prosecution evidence.



                                                     (NITIN B. SURYAWANSHI, J.)




Shantanu S. Dhudum


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