Patna High Court
Lotha @ Vir PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 303(2), 3(5), 74, 78
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
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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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