Babulal Hansda v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17648 of 2026 Arising Out of PS. Case No.-416 Year-2025 Thana- DAGARUA District- Purnia ====================================================== 1.
Babulal Hansda S/O Suppal Hansda @ Rabban Hansda R/O Village - Kohila Tola, Dansar, P.S- Dagarua,Dist- Purnea 2.
Tallu Hansda S/O Suppal Hansda @ Rabban Hansda R/O Village - Kohila Tola, Dansar, P.S- Dagarua,Dist- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mrityunjay Kumar For the Opposite Party/s :
Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 25-03-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Dagarua P.S. Case No. 416 of 2025, F.I.R dated 12.11.2025 registered for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 303(2), 351(2), 351(3) and 3(5) of the BNS.
3. As per the prosecution case, informant Md. Jamal, on 12/11/2025 at about 2:00 PM, when he visited his land at Mauza-Dansar, he found the accused persons damaging his crops and preparing to re-cultivate it, while armed with lathidanda and other weapons. On protesting, the accused persons jointly assaulted him- petitioner no. 2 and petitioner no. 1 restrained him, Sanju Soren attacked him with an iron rod
Patna High Court CR. MISC. No.17648 of 2026(2) dt.25-03-2026 2/3 (hasiya), causing serious head injury and bleeding, while others also beat him with fists and legs and Sri Hansda attempted to strangulate him. When his son, Md. Sahbul, came to rescue, he too was assaulted and Rs. 10,000/- was forcibly taken from him by Tallu Hansda. Upon alarm, nearby villagers gathered, prompting the accused to flee, after which the injured informant was taken to GMCH, Purnea for treatment, leading to the lodging of an FIR against all accused persons.
4. Learned counsel for the petitioners submits that only allegation against these petitioners is that they assisted one Sanju Soren, who said to have assaulted informant. It is next submitted that as per petitioners the injuries are simple in nature and both petitioners are men of clean antecedent.
5. Learned APP for the State opposes the prayer for anticipatory bail application.
6. Considering the aforesaid facts as there is no allegation of any overt act against both these petitioners and injuries are simple in nature. Accordingly, this Court is inclined to grant the privilege of anticipatory bail to the petitioner. Learned Trial Court is directed to verify the nature of injuries before accepting the bail bond of petitioners.
7. Let both petitioners, above named, be released on
Patna High Court CR. MISC. No.17648 of 2026(2) dt.25-03-2026 3/3 anticipatory bail in the event of their arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M. I/C, Purnea in connection with Dagarua P.S. Case No. 416 of 2025 subject to the condition as laid down under Section 482(2) of the B.N.S.S., 2023 with other following conditions:- (i) One of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document/personal affidavit to show his/her bona fide;
(ii) The petitioner(s) 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 his/her/their bail bond by the Trial Court itself;
(iii) The petitioner(s) 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 cancellation of the bail bonds;
(iv) The petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.
(Ajit Kumar, J.) S.Tripathi/- U T