Patna High Court
Lalu Kumar @ Lallu Kumar @ Lalu PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court held that anticipatory bail may be granted to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Lalu Kumar, sought anticipatory bail fearing arrest in a case (PS No.66/2024) involving offences under Sections 147, 148, 149, 341, 323, 307, 427, 504 and 506 of the IPC arising from a clash during a Saraswati idol immersion. The FIR named him among the accused, though the prosecution’s main theory implicated Ankush Paswan and Arvind Paswan. The petitioner, acknowledging a criminal antecedent, offered to pay Rs.5,000 to the victim, Srikant Singh, for damage to his vehicle. The State opposed the bail, arguing the petitioner’s name appears in the charge sheet. The Court, after considering the submissions, granted anticipatory bail subject to a Rs.5,000 payment, a bail bond of Rs.10,000 with two sureties, and a series of conditions relating to attendance, non‑tampering with evidence, and refraining from further offences.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite being named in the FIR and having a criminal antecedent
- Whether the Court can condition anticipatory bail on the petitioner’s payment to the victim
- What conditions may be imposed on anticipatory bail to ensure compliance with investigation and trial
Legislation cited
- Indian Penal Code — s. 147, 148, 149, 307, 323, 341, 427, 504, 506
Subjects
- anticipatory bail
- Indian Penal Code
- assault
- criminal antecedent
- bail conditions
- damage compensation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17144 of 2026
Arising Out of PS. Case No.-66 Year-2024 Thana- ARA MUFFSIL District- Bhojpur
======================================================
Lalu Kumar @ Lallu Kumar @ Lalu Paswan Son of Jeevan Paswan R/o
Village - Jagwaliya, P.S. - Ara Muffasil, Dist. - Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhat Kumar Singh, Advocate
: Ms. Priya, Advocate
For the State : Mr. Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 25-03-2026 Heard Ms. Priya, learned counsel for the
petitioner as also learned APP representing the State.
2. The petitioner is apprehending his arrest in
connection with Ara Mufassil P.S. Case No. 66 of 2024
registered for the offence under Sections 147, 148, 149, 341,
323, 307, 427, 504 and 506 of the Indian Penal Code, lodged on
24.02.2024 by the informant, Krishna Murari Singh.
3. As per the prosecution story, the informant alleged
that on the occasion of Goddess Saraswati Idol immersion, a
clash took place and allegation is that Ankush Paswan and
Arvind Paswan assaulted and when Adarsh Kumar Singh came
to rescue, all of them also assaulted and damaged the Scorpio of
Srikant Singh. This led to the F.I.R..
Patna High Court CR. MISC. No.17144 of 2026(2) dt.25-03-2026
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4. Learned counsel for the petitioner submits that a
perusal of the F.I.R. would show that his presence is there but
main assault theory has been assigned to Ankush Paswan and
Arvind Paswan. Though she concede that the petitioner has
criminal antecedent. Last submission is that without accepting
the allegation or outcome of the present petition, the petitioner
intends to pay Rs.5,000/- to Srikant Singh towards his damaged
vehicle by Demand Draft issued by the local branch of the State
Bank of India/any Nationalized Bank to be submitted at the time
of execution of bail bond.
5. Learned APP opposes the prayer submitting that his
name has also come in the list of the accused persons.
6. Considering the aforesaid submissions of the
parties as also that the main role has been assigned to Arvind
Paswan and Ankush Paswan, F.I.R. is there, he shall be facing
the trial, in that background, this Court is inclined to extend him
the privilege of anticipatory bail subject to payment of
Rs.5,000/- to Srikant Singh as undertaken by the learned
counsel for the petitioner through Demand Draft issued by the
local branch of the State Bank of India/any Nationalized Bank
to be submitted at the time of execution of the bail bond and the
same shall be handed over to Srikant Singh after checking his
Patna High Court CR. MISC. No.17144 of 2026(2) dt.25-03-2026
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credentials.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Additional Chief Judicial Magistrate-II,
Bhojpur at Ara, in connection with Ara Mufassil P.S. Case No.
66 of 2024 subject to the following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his/her
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every month for next six months to mark his
attendance and at the end of the period a certificate be submitted
Patna High Court CR. MISC. No.17144 of 2026(2) dt.25-03-2026
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before the Trial Court failing which the State shall be at liberty
to take steps for cancellation of bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
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