Patna High Court
Lalan SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
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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
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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;
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(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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