Patna High Court
Lalan PrasadversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- MOHIT KUMAR SHAH
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
- Indian Penal Code — s. 147, 148, 149, 302, 307, 323, 354B, 380, 427, 435, 504
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.