Jagbali Chaubey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33827 of 2026 Arising out of PS. Case No.-6 Year-2026 Thana- SIKRAUL District- Buxar ====================================================== Jagbali Chaubey S/o- Late Ram Kripal Chaubey Resident of VillageBhakhwa, P.S.- Sikraul, Distt.-Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar Mishra, Adv.
For the Opposite Party/s :
Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANSUL ORAL ORDER 27-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Sikraul P.S. Case No. 06 of 2026 registered for offences under Sections 191(2), 191(3), 126(2), 115(2), 109, 50, 61(2), 103(1), 351(2), 352 & 27 Arms Act.
3. The allegation is that 15 persons, including the petitioner, arising out of a land dispute, started assaulting the informant's side. The specific allegation of firing is against Sanjay Chaubey and Kanhaiya Chaubey; Ganeshji Chaubey is said to have assaulted the informant on the head, and one Mohan Chaubey was assaulted by Balram Chaubey.
4. Learned counsel for the petitioner submits that there is no specific allegation against the petitioner who is aged
Patna High Court CR. MISC. No.33827 of 2026(3) dt.27-05-2026 2/3 about 72 years. He further submits that the petitioner has one criminal antecedent of Section 323 IPC and is in custody since 08.01.2026.
5. Learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.
6. This Court has considered the submissions advanced by learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State and has perused the material available on record.
7. The FIR discloses a case of mob assault arising out of a land dispute, involving 15 named persons. The petitioner, aged about 72 years, is a member of the same family that stands accused. There is no specific allegation of firing or of any overt act directly attributed to the petitioner in the FIR. The allegations of firing are specifically levelled against Sanjay Chaubey and Kanhaiya Chaubey, and no corresponding role of individual culpability has been assigned to this petitioner beyond his presence as part of the group. The petitioner has one criminal antecedent under Section 323 IPC, which is a relatively minor offence, and has been in custody since 08.01.2026. Having regard to the nature of the offence, the role attributed to the petitioner, his advanced age, the period of custody already
Patna High Court CR. MISC. No.33827 of 2026(3) dt.27-05-2026 3/3 undergone, and the fact that the genesis of the incident is a land dispute inter se the parties, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner, above named, be released on bail upon furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of the Court of the learned Additional Chief Judicial Magistrate-1, Buxar, in connection with Sikraul P.S. Case No. 06 of 2026.
9. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.
(Ansul, J) Vikash/- U T