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Patna High Court

Lotha @ Vir PrasadversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused.

Summary

The petitioner, Lotha @ Vir Prasad, sought anticipatory bail in a case registered under Sections 126(2), 115(2), 303(2), 74, 78 and 3(5) of the Bharatiya Nyaya Sanhita for alleged harassment, molestation, assault and theft. The FIR, lodged two days after the alleged incident, was based on the complaint of Madhubala Singh, who alleged that the petitioner and others assaulted her brother and son and stole a gold chain. The petitioner’s counsel argued that the allegations were vague, the injury was minor and the delay in filing the FIR undermined the case. The State opposed bail, highlighting the petitioner’s seven prior criminal convictions. Considering the seriousness of the accusations and the petitioner’s criminal antecedents, the court refused the anticipatory bail application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the nature of the allegations under the Bharatiya Nyaya Sanhita.
  • Whether the delay in lodging the FIR and the general nature of the allegations affect the grant of bail.
  • Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedents
  • FIR delay
  • harassment
  • assault
  • Bharatiya Nyaya Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15512 of 2026
                       Arising Out of PS. Case No.-795 Year-2025 Thana- ALAMGANJ District- Patna
                 ======================================================
                 Lotha @ Vir Prasad Son of Late Bocha Beldar Resident of Village - Beldar
                 Toli Near Pitambara Mandir, Police Station - Alamganj, District - Patna.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jay Ram Prasad, Advocate
                 For the Opposite Party/s :       Mr. Navin Kumar Pandey, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   28-04-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in Alamganj P. S. Case

                   No. 795 of 2025 registered for the offences punishable under

                   Sections 126(2), 115(2), 303(2), 74, 78, 3(5) of the Bharatiya

                   Nyaya Sanhita.

                                3. As per FIR, the informant namely, Madhubala

                   Singh alleges that on 25.07.2025, accused harassed and

                   molested the informant. It is further alleged that the petitioner

                   along with accused persons assaulted informant’s brother and

                   her son. They also snatched informant’s brother’s gold chain.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence. The

                   allegation of assault against the petitioner is general and

                   omnibus. The injury sustained by the injured, is simple in
              Patna High Court CR. MISC. No.15512 of 2026(2) dt.28-04-2026
                                                          2/2




                        nature and there is delay of two days in lodging the F.I.R.

                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application and submitted that petitioner has got seven

                        criminal antecedents.

                                     6. Considering the nature of accusation and criminal

                        antecedents, prayer for anticipatory bail of the petitioner is

                        refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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