Patna High Court
Lalu Kumar @ Niraj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted anticipatory bail to the petitioner, subject to surrender, bail bond and surety conditions under Section 482(2) of the B.N.S.
Summary
The petitioner, Lalu Kumar, filed an anticipatory bail application fearing arrest in a case (Chhauradano P.S. Case No. 228 of 2024) involving alleged offences under Sections 309(4) and 351(2) of the B.N.S. The prosecution alleged that three armed miscreants robbed a cement shop owner of Rs. 31,000, and during investigation the petitioner’s name appeared in a confessional statement, though he was not among the three apprehended persons. The petitioner contended that he was falsely implicated, had no involvement, and that the FIR was lodged against unknown persons. The State opposed bail, highlighting the petitioner’s two prior criminal cases. After hearing both sides, the Court granted anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in connection with offences under Sections 309(4) and 351(2) of the B.N.S.
- Whether the petitioner’s alleged involvement and prior criminal antecedents preclude the grant of anticipatory bail
Legislation cited
- B.N.S. — s. 309(4), 351(2), 482(2)
Subjects
- anticipatory bail
- criminal procedure
- Section 309
- Section 351
- Bihar Negotiable Instruments Act
- bail conditions
- prior criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15627 of 2026
Arising Out of PS. Case No.-228 Year-2024 Thana- CHHAURADANO District- East
Champaran
======================================================
Lalu Kumar @ Niraj Kumar, S/o Prabhu Rai, Resident of Village - Laxmipur
Katahariya, P.S - Lakhaura, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shakil Ahmad Khan, Advocate
For the Opposite Party/s : Mr. Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 18-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2.The instant application for anticipatory bail has been
filed by the petitioner apprehending his arrest in connection with
Chhauradano P.S. Case No. 228 of 2024 instituted for the offence
under Sections 309(4) and 351(2) of B.N.S.
3. The case of the prosecution, in short, is that the
informant runs a shop of cement. It is alleged that three miscreants
on a black colour Apache bike being armed with pistol arrived
and on the point of pistol they looted away cash of Rs. 31,000/-
from the informant and fled away.
4. Learned counsel appearing on behalf of the petitioner
has submitted that petitioner is innocent and has committed no
offence. He has falsely been implicated in this case. The F.I.R. was
lodged against unknown miscreants. During course of
Patna High Court CR. MISC. No.15627 of 2026(2) dt.18-03-2026
2/2
investigation in the confessional statement of one Vishal Kumar,
name of this petitioner has surfaced. It has further been submitted
that three persons were apprehended and they were also identified.
Petitioner is not amongst them.
5. Learned APP appearing for the State has vehemently
opposed the prayer of bail of the petitioner and has submitted that
petitioner is having criminal antecedent of two cases.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this Court
is inclined to enlarge the petitioner on bail. The petitioner is
directed to surrender in the Court below within a period of four
weeks from today and in the event of his arrest or surrender in
connection with Chhauradano P.S. Case No. 228 of 2024, he will
be enlarged on bail on furnishing bail bond of Rs. 10,000/-
(Rupees ten thousand) with two sureties of the like amount each to
the satisfaction of learned Judicial Magistrate First Class, Raxaul
at Motihari, subject to the conditions as laid down under section
482 (2) of the B.N.S.S.
(Ashok Kumar Pandey, J)
lata/-
U T
Checking your session…