Patna High Court
Lallan Prasad @ Lalan PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioners subject to the stipulated conditions.
Summary
The petitioners, five residents of Kodar village, were named in an FIR for murder under Sections 302 and 34 of the IPC arising from a land dispute. Their first anticipatory bail application was rejected in 2019, but subsequently seven co‑accused were granted bail by other benches of the Patna High Court. The petitioners argued that the police investigation resulted in a final report finding no prima facie case, and that the learned magistrate had proceeded without sufficient material. Relying on the changed circumstances and the earlier bail orders, the court directed that the petitioners be released on anticipatory bail if arrested within four weeks, upon furnishing a bail bond of Rs 10,000 with two sureties, subject to the conditions of Section 482(2) of the BNSS. The order effectively overturns the earlier denial and grants bail pending trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of the changed circumstances and lack of prima facie evidence.
- Whether the earlier denial of anticipatory bail can be revisited based on the grant of bail to similarly situated co‑accused.
- Whether the court can impose bail conditions under Section 482(2) of the BNSS.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2), 82
- Indian Penal Code — s. 302, 34
Subjects
- anticipatory bail
- murder
- IPC 302
- IPC 34
- Section 482
- changed circumstances
- bail conditions
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17319 of 2025
Arising Out of PS. Case No.-258 Year-2013 Thana- BASANTPUR District- Siwan
======================================================
1. Lallan Prasad @ Lalan Prasad S/o- Deodhari Prasad Resident of Village -
Kodar, P.S. - Basantpur, District - Siwan
2. Dip Narayan Prasad @ Dipu Prasad S/o- Late Dirpal Prasad Resident of
Village - Kodar, P.S. - Basantpur, District - Siwan
3. Pramod Prasad S/o- Dip Narayan Prasad @ Dipu Prasad Resident of Village
- Kodar, P.S. - Basantpur, District - Siwan
4. Deepak Kumar S/o- Lallan Prasad @ Lalan Prasad Resident of Village -
Kodar, P.S. - Basantpur, District - Siwan
5. Dablu Kumar @ Dabloo Kumar S/o- Lallan Prasad @ Lalan Prasad
Resident of Village - Kodar, P.S. - Basantpur, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Adv.
For the Opposite Party/s : Mr. Surendra Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 08-01-2026 Heard the parties.
2. Defect(s) as pointed out by office be ignored for
the office.
3. The present is the second anticipatory bail prayer
of the petitioners, which preferred on the basis of changed
circumstances as subsequent to the rejection of first
anticipatory bail petition of petitioners through Cr. Misc. No.
4601 of 2019, seven similarly situated co-accused persons
were granted bail by different learned co-ordinate Benches of
this Court through Cr. Misc. No. 18523 of 2014 dated
Patna High Court CR. MISC. No.17319 of 2025(2) dt.08-01-2026
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14.07.2014 and through Cr. Misc. No. 11928 of 2019 dated
07.03.2019.
4. The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Basantpur P.S.
Case No. 258 of 2013 registered for the offences punishable
under Sections 302, 34 of IPC.
5. As per FIR, the grandfather of the informant was
murdered during the course of occurrence out of assault made
by petitioners and other 9 named co-accused persons, where
occurrence alleged to be taken place in the background of land
dispute.
6. It is submitted by learned counsel appearing on
behalf of the petitioners that after investigation police
submitted final form against petitioners and did not sent up
them for facing trial as no prima-facie case was found true
considering the materials collected during the investigation,
however, the learned judicial magistrate, took cognizance for
the offences punishable under Section 302 and 34 of the IPC
without any cogent materials deferring with police report and
issued summons against petitioners. It is submitted that till
now not even non-bailable warrant and the process under
Patna High Court CR. MISC. No.17319 of 2025(2) dt.08-01-2026
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Section 82 of Cr.P.C. was initiated against petitioners.
7. Learned APP while opposing the prayer of bail
could not disputed aforesaid factual submission.
8. In view of aforesaid factual submission and by
taking note of changed circumstances as similarly situated co-
accused persons already granted bail by different learned co-
ordinate Benches of this Court, coupled with the fact that
police after investigation submitted final form against above-
named petitioners, accordingly petitioner above-named, in the
event of their arrest or surrender before the court below within
a period of four weeks, are directed to be released on bail,
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the
satisfaction of the learned CJM, Siwan /concerned Court,
where the case is pending in connection with Basantpur P.S.
Case No. 258 of 2013, subject to the conditions as laid down
under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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