Patna High Court

Lakshman Kumar @ Lakshaman KumarversusThe State of Bihar

Decided: 12 March 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The court held that, given the petitioner’s lack of criminal antecedent, absence of a seizure‑list and no likelihood of absconding, anticipatory bail may be granted under Section 482(2) of the B.N.S.S., 2023.

Summary

Lakshman Kumar sought anticipatory bail fearing arrest in a case (PS No. 266 of 2025) filed under Sections 318(4), 336(3) and 3(5) of the Bharatiya Nagrik Suraksha Sanhita. The prosecution alleged that a person named Jitu Kumar was caught in place of the petitioner during a Home Guard selection process. The petitioner asserted his innocence, highlighted the absence of any seizure‑list of his documents, and pointed out his clean criminal record and lack of any risk of absconding or tampering with witnesses. The State opposed the bail. Considering these facts, the court granted anticipatory bail on the condition of a Rs.10,000 bond with two sureties, subject to Section 482(2) of the B.N.S.S., 2023.

Issues considered

Whether anticipatory bail can be granted under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita in the present circumstances
Whether the petitioner poses a risk of absconding or of influencing witnesses
Whether the absence of a seizure‑list and the petitioner’s clean record justify the grant of bail

Legislation cited

Bharatiya Nagrik Suraksha Sanhita — s. 318(4), 336(3), 3(5), 482(2)

Subjects

anticipatory bail
Bharatiya Nagrik Suraksha Sanhita
Section 482
criminal procedure
flight risk
seizure-list
home guard selection

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14526 of 2026
                     Arising Out of PS. Case No.-266 Year-2025 Thana- DEEPNAGAR District- Nalanda
                 ======================================================
                 Lakshman Kumar @ Lakshaman Kumar S/o Sanjay Paswan R/o Village/
                 Mohalla- Bandoh, P.O.- Bhangan Bigha, P.S.- Rahui, District- Nalanda, State-
                 Bihar
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amit Narayan, Advocate
                                                  Mr. Rajiv Kumar, Advocate
                 For the Opposite Party/s :       Mr. Tarkeshwar Nath Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   12-03-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner apprehends his arrest in connection

                   with Deep Nagar P.S. Case No. 266 of 2025, instituted under

                   Sections 318(4), 336(3), 3(5) of the B.N.S.

                                 3. As per the prosecution case, in the selection process

                   of Home Guards, one Jitu Kumar was caught in place of

                   petitioner.

                                 4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in this

                   case. Petitioner has no concern with the co-accused. There is no

                   seizure-list showing the seizure of the documents of the

                   petitioner from the co-accused. Petitioner is aged about 25 year
              Patna High Court CR. MISC. No.14526 of 2026(2) dt.12-03-2026
                                                          2/2




                        having no criminal antecedent. There is no likelihood of the

                        petitioner to abscond or to influence any witness associated with

                        this case. Petitioner undertakes to co-operate in the investigation

                        and trial.

                                     5. Learned A.P.P. for the State opposes the prayer for

                        anticipatory bail.

                                     6. Considering the facts and circumstances of the

                        case, submission of learned counsel for the petitioner that there

                        is no seizure-list and petitioner has no criminal antecedent, in

                        the event of arrest or surrender before the Court below within

                        six weeks from today, the petitioner be released on bail upon

                        furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

                        sureties of the like amount each to the satisfaction of learned

                        Chief Judicial Magistrate, Nalanda at Biharsharif in connection

                        with Deep Nagar P.S. Case No. 266 of 2025, subject to the

                        conditions laid down in Section 482 (2) of the Bharatiya Nagrik

                        Suraksha Sanhita (B.N.S.S.), 2023.



                                                (Sunil Dutta Mishra, J)
rakhi/-

U         T

Continue reading with your account

Checking your session…