Patna High Court
Lalan SahversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- RAJESH KUMAR VERMA
Holding
The appeal is allowed and the appellants are released on bail with specified conditions, setting aside the lower court's refusal.
Summary
The appellants, Lalan Sah and Ramesh Sah, appealed to the Patna High Court under Section 14(A)(2) of the CrPC against the Special Judge's refusal to grant regular bail in a case arising from an alleged assault on 4 May 2023, charged under IPC sections 341, 323, 504, 34 and the SC/ST Act. The prosecution alleged a common intention assault, while the defence argued the appellants have a clean antecedent and were falsely implicated, noting that anticipatory bail had earlier been granted but cancelled due to their absence. The appellants surrendered on 1 April 2026 after learning of the bail bond cancellation. The High Court, after hearing counsel for both sides, held that bail should be granted subject to a Rs 10,000 bond, two sureties, and strict conditions regarding court attendance, non‑tampering with evidence, and verification of criminal antecedent. Consequently, the impugned order refusing bail was set aside and the appeal was allowed.
Issues considered
- Whether the appellants are entitled to regular bail despite the cancellation of their anticipatory bail and their surrender.
- Whether the nature of the offences under the IPC and the SC/ST Act warrants denial of bail.
- Whether the conditions imposed by the High Court are appropriate to ensure the appellants' cooperation with the trial.
Legislation cited
- Criminal Procedure Code — s. 14(A)(2)
- Indian Penal Code — s. 323, 34, 341, 504
- Scheduled Castes and Scheduled Tribes (Prevention) Act, 1989 — s. 3(1)(r), 3(1)(s)
Subjects
- bail
- anticipatory bail
- regular bail
- SC/ST Act
- criminal antecedent
- false implication
- conditions of bail
- special judge
- appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1802 of 2026
Arising Out of PS. Case No.-48 Year-2023 Thana- DARPA District- East Champaran
======================================================
1. Lalan Sah S/O Jokhan Sah Resident of village- Belahiya, P.s.- Darpa, Dist.-
East Champaran.
2. Ramesh Sah @ Suresh Kumar Gupta S/O Achchhelal Sah Resident of
village- Belahiya, P.s.- Darpa, Dist.- East Champaran.
... ... Appellant/s
Versus
1. The State of Bihar
2. Ranjit Paswan S/O Ramsakal Paswan Resident of village- Belahiya, P.s.-
Darpa, Dist.- East Champaran.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Abhishek Kumar, Advocate
For the Respondent/s : Mr. Sadanand Paswan, SPP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 25-06-2026 Despite valid service of notice upon Respondent
No.2, no one appeared on behalf of Respondent No.2.
2. Heard Mr. Abhishek Kumar, learned counsel for
the appellants as well as Mr. Sadanand Paswan, learned S.P.P.
for the State.
3. This is an appeal under Sections 14(A)(2) against
refusal of the prayer for regular bail by order dated 01.04.2026
passed by the learned Court of Special Judge, SC/ST Act, East
Champaran at Motihari in connection with Darpa P.S. Case No.
48 of 2023, F.I.R. dated 04.05.2023 registered under Sections
341, 323, 504, 34 of the Indian Penal Code and Sections 3(1) (r)
Patna High Court CR. APP (SJ) No.1802 of 2026(3) dt.25-06-2026
2/3
(s) of the Scheduled Castes and Scheduled Tribes Act.
4. According to the prosecution case, the informant
alleged that on 04.05.2023 at 18.10 P.M, the appellants along
with other accused persons with common intention came at the
land of the informant and assaulted him.
5. Learned counsel for the appellants submits that
appellants have clean antecedent and they have falsely been
implicated in the present case. He next submits that the
appellants were granted anticipatory bail by this Court on
15.07.2025 but due to their absence, their bail bond was
cancelled on 18.03.2026 and when they came to know about the
occurrence, they surrendered on 01.04.2026.
6. Learned Special Public Prosecutor for the State has
vehemently opposed the prayer for bail of the appellants.
7. Considering the facts and circumstances of the
case, let the appellants, 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 learned
Court of Special Judge, SC/ST Act, East Champaran at Motihari
in connection with Darpa P.S. Case No. 48 of 2023, with other
following conditions:-
Patna High Court CR. APP (SJ) No.1802 of 2026(3) dt.25-06-2026
3/3
i. Appellants 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 their absence on two consecutive dates without sufficient
reason, thier bail bond shall be cancelled by the Court below.
ii. If the appellants tamper 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 appellants and in case at
any stage it is found that the appellants have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the appellants. 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.
8. Accordingly, the impugned order is set aside and
this appeal stands allowed.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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