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Patna High Court

Lalan SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners, subject to stringent conditions.

Summary

The petitioners, five members of the same family, sought anticipatory bail fearing arrest in a case (Derni PS Case No. 270 of 2025) involving multiple offences under the B.N.S. The prosecution alleged that the petitioners assaulted the informant and his family during a wedding altercation, leading to an FIR. The petitioners argued that the injuries sustained by the victims were simple, they have no criminal antecedents, and a counter‑case exists against the informant. The State contended that the roles of Deepak and Dinesh could be singled out for prosecution. Considering the simplicity of injuries, lack of prior record, and the existence of a counter‑case, the Court granted anticipatory bail with specific conditions, ordering release upon arrest or surrender within four weeks upon furnishing bail bonds.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners despite the FIR alleging multiple offences.
  • Whether the nature of injuries, lack of criminal antecedent, and existence of a counter‑case justify granting bail.

Legislation cited

  • B.N.S. — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 351(3), 352

Subjects

  • anticipatory bail
  • Criminal Procedure Code
  • simple injuries
  • counter case
  • bail conditions
  • offences under B.N.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12968 of 2026
                     Arising Out of PS. Case No.-270 Year-2025 Thana- DERNI BAZAR District- Saran
                 ======================================================
           1.     Lalan Sah S/o Bishwanath Sah R/o vill - Katiya, P.S.- Derni, Distt.- Saran at
                  Chapra
           2.    Dinesh Sah @ Dinesh Kumar Sah S/o Lalan Sah R/o vill - Katiya, P.S.-
                 Derni, Distt.- Saran at Chapra
           3.    Golu Sah @ Golu Kumar Sah S/o Lalan Sah R/o vill - Katiya, P.S.- Derni,
                 Distt.- Saran at Chapra
           4.    Mithilesh Kumar @ Mithilesh Kumar Sah S/o Lalan Sah R/o vill - Katiya,
                 P.S.- Derni, Distt.- Saran at Chapra
           5.    Deepak Kumar @ Deepak Kumar Gupta S/o Lalan Sah R/o vill - Katiya,
                 P.S.- Derni, Distt.- Saran at Chapra

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr. Krishna Kumar Yadav, Advocate
                 For the State             :      Mr. Syed Ehteshamuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   26-02-2026                          Heard Mr. Dinesh Prasad Verma, learned counsel

                   for the petitioner and learned APP representing the State.

                                 2. The petitioners are apprehending their arrest in

                   connection with Derni P.S. Case No. 270 of 2025 registered for

                   the offence under Sections 126(2), 115(2), 118(1), 109, 303(2),

                   352, 351(2), 351(3) and 3(5) of the B.N.S., lodged on

                   01.12.2025 by the informant, Anish Kumar.

                                 3. As per the prosecution story, the informant alleged

                   that there was a wedding next to the informant’s house and on
Patna High Court CR. MISC. No.12968 of 2026(2) dt.26-02-2026
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          the small issue of cracking of the jokes, altercation took place

          which followed the assault. Dinesh Kumar and Deepak Kumar

          assaulted the informant and his family members causing

          injuries. This led to the F.I.R..

                       4. Learned counsel for the petitioner submits that with

          the help of Annexure-P/3 submits that the injuries of both

          Rakesh Yadav and Anish Kumar have been found to be simple

          in nature, none of the petitioners have criminal antecedent,

          entire family members have been made accused and there is

          counter case too.

                       5. Learned APP opposes the prayer submitting that

          the role of Deepak and Dinesh can be singled out.

                       6. Considering the submissions of the parties as also

          the fact that the injuries have been found to be simple in nature,

          they do not have criminal antecedent, there is a case and counter

          case, in that background, this Court is inclined to extend them

          the privilege of anticipatory bail.

                       7. Let the petitioners be released on bail in the event

          of arrest or surrender within a period of four weeks from the

          receipt of this order, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) each with two sureties of like amount each to the

          satisfaction of learned 12th Additional Sessions Judge, Saran at
Patna High Court CR. MISC. No.12968 of 2026(2) dt.26-02-2026
                                            3/4




          Chapra, in connection with Derni P.S. Case No. 270 of 2025

          subject to the following conditions:-

                       (i) one of the bailor should be the family

          member/relative of the petitioners who shall provide official

          document (Aadhar Card/Voter Id/Driving License/Pan Card) to

          show his/her bona fide;

                       (ii) the petitioners shall be appearing before the Police

          Station as and when required for cooperating in the

          investigation;

                       (iii) the petitioners 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 bail bond by the Trial Court itself;

                       (iv) the petitioners shall appear before the concerned

          police station every month for next six months to mark his

          attendance and at the end of the period a certificate be submitted

          before the Trial Court failing which the State shall be at liberty

          to take steps for cancellation of bail bonds;

                       (v) the petitioners 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;
            Patna High Court CR. MISC. No.12968 of 2026(2) dt.26-02-2026
                                                        4/4




                                   (vi) the petitioners shall desist from committing any

                      criminal offence again, failing which the State shall be at liberty

                      to take steps for cancellation of bail bonds.



                                                     (Rajiv Roy, J)
vinayak/-

U      T


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