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Patna High Court

Lalan PrasadversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted liberty to the petitioner to renew his regular bail application after six months and ordered the trial court to expedite the remaining witness examinations and conclude the trial promptly.

Summary

The petitioner, Lalan Prasad, filed a fourth petition seeking regular bail in a case (PS No. 601 of 2021) involving serious offences under Sections 147, 148, 149, 323, 307, 302, 380, 427, 435, 504 and 354B of the Indian Penal Code. The prosecution alleges that the petitioner assaulted the informant's father with a stick, causing grievous injuries that led to death, and that co‑accused also assaulted the victim. Earlier applications for regular bail had been rejected by the High Court. The Court examined the trial status, noting that ten of twelve witnesses had already been examined and the remaining two could be completed within six months. Consequently, the Court granted the petitioner liberty to renew his bail application after a period of six months and directed the trial court to complete the remaining witness examinations within four weeks and conclude the trial preferably within three months. The petition was thereafter disposed.

Issues considered

  • What is the appropriate consideration for granting regular bail in a case involving multiple serious IPC offences?
  • Does the progress of the trial (remaining witnesses and anticipated duration) justify granting liberty to renew bail after six months?

Legislation cited

Subjects

  • regular bail
  • Indian Penal Code
  • serious offences
  • trial expeditiousness
  • high court
  • criminal procedure
  • bail jurisprudence

Judgment

                        IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1467 of 2026
                    Arising Out of PS. Case No.-601 Year-2021 Thana- DHAKA District- East Champaran
                 ======================================================
                 Lalan Prasad S/o- Late Cheta Prasad Village- Kushwansh Nagar, P.S-Dhaka,
                 District-East Champaran

                                                                                   ... ... Petitioner/s
                                                       Versus

                 The State of Bihar                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Vijay Shankar Shrivastava, Advocate
                 For the Opposite Party/s :       Mr.Nagendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH
                                       ORAL ORDER

3   11-03-2026             The present petition is by way of fourth attempt at the

                   behest of the petitioner for grant of regular bail in connection

                   with Dhaka P.S. Case No. 601 of 2021, registered for offences

                   punishable under Sections 147, 148, 149, 323, 307, 302, 380,

                   427, 435, 504 and 354B of the Indian Penal Code, inasmuch as

                   the earlier prayers of the petitioner for grant of regular bail have

                   all been rejected by this Court.

                   2.      The case of the prosecution, in brief, according to the

                   informant, is that while he was sitting at his house alongwith his

                   father in the evening of 10.12.2021, at around 05:00 p.m., the

                   accused persons had arrived there and had started abusing and

                   assaulting them. It is also alleged that the petitioner had not

                   only assaulted the father of the informant on his head by a stick,

                   but had also given repeated blows resulting in the father of the

                   informant receiving grievous injuries on his head leading to him

                   succumbing to his injuries. Thereafter, the co-accused persons

                   are alleged to have assaulted the father of the informant on his

                   back.
             Patna High Court CR. MISC. No.1467 of 2026(3) dt.11-03-2026
                                                         2/2




                       3.      This Court finds that vide order dated 16.01.2026, a

                       report was called for from the Ld. Trial Court with regard to the

                       present stage of the trial and the time likely to be consumed for

                       disposal of the same, in pursuance whereof a report dated

                       20.01.2026 has been sent to this Court by the Ld. 4 th Additional

                       Sessions Judge, East Champaran, Motihari, wherein it has been

                       stated that 10 (ten) witnesses have already been examined in the

                       case and only two witnesses are remaining to be examined,

                       hence the trial is likely to be concluded within six months.

                       4.      In view of the aforesaid, the Ld. Counsel for the petitioner

                       seeks liberty on behalf of the petitioner to renew his prayer for

                       grant of regular bail after a period of six months from today.

                       Liberty, so sought, is granted.

                       5.      Accordingly, the present petition stands disposed off with

                       a request to the Ld. Trial Court to examine the rest of the two

                       witnesses positively within a period of four weeks from today

                       and conclude the trial preferably within a period of three months

                       from today.


                                               (Mohit Kumar Shah, J)
S.Sb/-

U        T


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