Patna High Court
Lal Bihari SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted pre‑arrest bail to the petitioner subject to bond and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Lal Bihari Singh was charged under Sections 302, 120(B) and 34 of the Indian Penal Code for the alleged murder of the informant's father following an assault. The petitioner argued that he was falsely implicated, noting the absence of eyewitnesses, ambiguous cause of death, and a prior acquittal in 1995. The State opposed bail, citing the seriousness of the charges and the petitioner's criminal antecedent. The court examined the evidentiary gaps and the applicability of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. It ordered that the petitioner be released on pre‑arrest bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions prescribed.
Issues considered
- Whether pre‑arrest bail can be granted in a murder case under Sections 302, 120(B) and 34 IPC given the evidentiary circumstances.
- Whether the lack of eyewitness testimony and indeterminate cause of death justify bail.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 is applicable to grant pre‑arrest bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 120(B), 302, 34
Subjects
- pre‑arrest bail
- murder
- false implication
- evidentiary insufficiency
- Section 482
- Indian Penal Code
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11312 of 2026
Arising Out of PS. Case No.-80 Year-2024 Thana- TARABARI District- Araria
======================================================
Lal Bihari Singh Son of Late Bhonath Singh @ Dhotai Singh Resident Of
Village- Aamgachhi, P.S -Tarabari District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mrigendra Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 26-02-2026 Heard learned counsel appearing on behalf of the
petitioner and the learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Tarabari P.S. Case No. 80 of 2024 registered for the offence
punishable under Sections 302, 120(B) and 34 of the Indian
Penal Code.
3. The case of the prosecution in short is that the
petitioner along with others have assaulted the father of the
informant with fists and slaps. After this, the informant advised
his father to went to house and he proceeded for Chapania.
When he returned in the evening, he came to know that his
father did not return from ‘Thandhua Bandh’, he went there
along with the villagers and found the dead body of his father.
Hence, the present case.
Patna High Court CR. MISC. No.11312 of 2026(2) dt.26-02-2026
2/3
4. Learned counsel appearing on behalf of the petitioner
submitted that the petitioner has been falsely implicated in the
case. He also submits that from perusal of the FIR, it is clear
that there is no eye witness of the occurrence. On perusal of the
case diary, it is further submitted that the dead body of the
deceased was found near electric pole and from perusal of the
post-mortem report, it transpires that the deceased had three
pointed needle prick like injury marks seen behind the right ear
over lateral neck and swelling was found on both sides.
Regarding cause of death, the doctor has opined that no definite
opinion can be given regarding the cause of death. However,
viscera is preserved for Forensic and Chemical analysis, if
required. He further submits that in viscera report, it was found
that no metallic object was found. He also submits that only
allegation against the petitioner is that he has assaulted the
deceased with fists and slaps. The cause of death is not
ascertained. He further submits that the petitioner was acquitted
in that case back in the year 1995 by the Hon’ble High Court.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner and
submits that the petitioner is having criminal antecedent of one
case.
Patna High Court CR. MISC. No.11312 of 2026(2) dt.26-02-2026
3/3
6. Considering the nature of allegation against the
petitioner, the petitioner, above named, is directed to be released
on pre-arrest bail, in the event of his arrest or surrender before
the Court below within a period of four weeks from today, on
furnishing bail bond of Rs. 10,000/- (Ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Judicial Magistrate, 1st Class, Araria in connection with Tarabari
P.S. Case No. 80 of 2024 subject to the condition as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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