Bablu Kumar @ Bablu Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88281 of 2025 Arising Out of PS. Case No.-148 Year-2025 Thana- CHAPRA MUFFASIL District- Saran ====================================================== Bablu Kumar @ Bablu Ray S/O Shailendra Ray @ Shailendra Rai R/V Maharajganj, P.S- Gultenganj, Dist- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Eashita Raj, Advocate :
Mr. Rishav Ujjain, Advocate For the Opposite Party/s :
Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-04-2026 Heard Ms. Eashita Raj, learned counsel for the petitioner as well as Mr. Shyam Kumar Singh, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 19.04.2025 in connection with Chapra Muffasil P.S. Case No. 148 of 2025, F.I.R. dated 15.03.2025 for the offences punishable under Sections 126(2), 115(2), 118(1), 117(2), 109, 3(5) of the Bharatiya Nyay Sanhita, 2023 and 66(B), 66(D) of the IT Act.
3. According to prosecution case, it is alleged that on 14.03.2025 at 4 P.M, when informant's nephew was at his shop, then the petitioner along with other co-accused persons variously armed with lathi, danda and rod came to his shop and demanded Rs.5000/- and threatened to kill him. Upon protest, the accused persons assaulted his nephew due to which he sustained injuries on head and during the course of treatment he died.
Patna High Court CR. MISC. No.88281 of 2025(3) dt.02-04-2026 2/3
4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. It appears from the FIR that specific allegation of assault is against co-accused, Pappu Rai that he assaulted deceased by means of Iron Rod but as per the injury report of the deceased, only one injury was found on the person of the deceased. She further submits that later on re-statement of informant was taken which is recorded in paragraph-4 of the case diary in which he has categorically stated that only Pappu Rai assaulted to his nephew and apart from that number of witnesses have stated that Pappu Rai has assaulted to the deceased which has been recorded in paragraph nos.5 and 6 of case diary and the petitioner is in custody since 19.04.2025.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, petitioner has clean antecedent and it has come during investigation that Pappu Rai had assaulted to the deceased, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Chapra, Saran in connection with Chapra Muffasil P.S. Case No. 148 of
Patna High Court CR. MISC. No.88281 of 2025(3) dt.02-04-2026 3/3 2025, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T