Patna High Court
Lallan Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioners subject to a bond and surrender conditions.
Summary
The petitioners, five individuals from Rasula village, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 118(1) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and Section 27 of the Arms Act. The FIR alleged that they assaulted an informant and fired upon him, causing a head injury. The petitioners contended that no one suffered a firearm injury, the head wound resulted from a blunt object, and that both sides had fired, indicating a land‑dispute context with only simple injury. The State opposed the bail, relying on the FIR allegations. The Court, after considering the simple nature of the injury and the surrounding facts, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and a four‑week surrender condition.
Issues considered
- Whether anticipatory bail should be granted under Section 438 Cr.P.C. and Section 482 BNSS in view of the alleged offences.
- Whether the alleged injury constitutes a serious offence warranting denial of bail.
- Whether the land‑dispute context and claim of simple injury affect the bail decision.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nagarik Suraksha Sanhita — s. 115(2), 118(1), 126(2), 3(5), 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- BNSS
- Arms Act
- Criminal Procedure Code
- simple injury
- land dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17653 of 2026
Arising Out of PS. Case No.-207 Year-2025 Thana- PANDARAK District- Patna
======================================================
1. Lallan Kumar Gupta S/O Late Tarani Prasad @ Tarani Sao R/O Village -
Rasula, Post- Gosain Gaon, P.S- Pandarak (Barh) Dist- Patna
2. Devendra Kumar @ Devendra Kumar Gupta S/O Late Tarani Prasad @
Tarani Sao R/O Village - Rasula, Post- Gosain Gaon, P.S- Pandarak (Barh)
Dist- Patna
3. Chandan Kumar S/O Late Tarani Prasad @ Tarani Sao R/O Village - Rasula,
Post- Gosain Gaon, P.S- Pandarak (Barh) Dist- Patna
4. Binod Sao Son of Late Kamal Sao. R/O Village - Rasula, Post- Gosain
Gaon, P.S- Pandarak (Barh) Dist- Patna
5. Pankaj Kumar Son of Binod Sao @ Binod Kumar Gupta. R/O Village -
Rasula, Post- Gosain Gaon, P.S- Pandarak (Barh) Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binay Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 03-04-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 118(1) and 3(5) of the B.N.S. and Section 27 of the
Arms Act.
3. The allegation in the First Information Report is
that the petitioners are said to have assaulted and fired upon the
informant.
Patna High Court CR. MISC. No.17653 of 2026(2) dt.03-04-2026
2/3
4. Learned counsel for the petitioners submits that
although there is allegation of resorting to firing, no one has
suffered a firearm injury rather the allegation on petitioner no.1
is that he hit the informant on the head with pistol due to which
he suffered head injury. Further, there is case and counter case
and even during the course of investigation, as would be evident
from the bail rejection order, it would appear that there was
firing from both sides. There is land dispute between the parties
and the injury suffered by the informant is also simple in nature
caused by hard and blunt substance.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
circumstances of the case and also simple injury caused, let the
above named petitioners, be released on bail, in the event of
their arrest or surrender before the learned Court below within a
period of four weeks from today, on 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 Court below
where the case is pending in connection with Pandarak P.S. Case
No. 207 of 2025, subject to the condition as laid down under
Patna High Court CR. MISC. No.17653 of 2026(2) dt.03-04-2026
3/3
Section 438 (2) of the Cr.P.C/ Section 482 (2) of the Bharatiya
Nagarik Suraksha Sanhita (BNSS), 2023.
(Soni Shrivastava, J)
anand/-
U T
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