Patna High Court
Lalbabu KhanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court denied pre‑arrest bail to the petitioners.
Summary
The petitioners, Lalbabu Khan and Sobrati, sought pre‑arrest bail in a case registered under section 309(4) of the Bihar Negotiable Instruments Act for allegedly looting Rs. 2,50,000, a shop key and a mobile phone from an informant. The prosecution alleged that unknown miscreants carried out the robbery and that the petitioners' names appeared in the confessional statements of co‑accused as associates. The petitioners also have three prior criminal antecedents. The court examined the seriousness of the offence, the presence of prior convictions, and the circumstances surrounding the alleged loot. Considering these factors, the court concluded that granting pre‑arrest bail would be inappropriate. Consequently, the petition for pre‑arrest bail was rejected.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail under section 309(4) of the Bihar Negotiable Instruments Act given the nature of the alleged offence and their criminal antecedents.
Legislation cited
- Bihar Negotiable Instruments Act — s. 309(4)
Subjects
- pre‑arrest bail
- criminal antecedents
- loot
- section 309(4)
- Bihar Negotiable Instruments Act
- bail petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1721 of 2026
Arising Out of PS. Case No.-236 Year-2025 Thana- BANJARIA District- East Champaran
======================================================
1. Lalbabu Khan Son of Munna Khan Resident of Village- Nakardei, Maan
Singh, P.S.-Sugauli, District- East Champaran (Bihar).
2. Sk. Sobrati @ Alam Son Sk. Nasarullaha Resident of Village- Gobari, Police
Station-Banjaria, District- East Champaran (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Tiwari , Advocate
For the Opposite Party/s : Mr. Murli Dhar , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioners and the
State .
2. Petitioners apprehends arrest in a case registered
for the offence punishable under sections 309 ( 4 ) of BNS.
3 . As per the prosecution case , informant was
intercepted by some unknown miscreants, who snatched cash of
Rs. 2,50,000/- , key of shop and mobile phone from informant
and after committing loot, they fled away from the spot.
4. On perusal of the record, it appears that the name of
the petitioner transpired in the confessional statement of the
other co-accused persons as one of the associates and petitioners
have got 3 criminal antecedents.
Patna High Court CR. MISC. No.1721 of 2026(2) dt.28-01-2026
2/2
5 . Considering the nature of accusation , criminal
antecedents of these petitioners, gravity of offence and other
circumstances of the case , prayer for pre-arrest bail of the
petitioners is rejected.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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