Patna High Court
Lalbabu Sah @ Lallu SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to petitioners 2, 3 and 4 but denied it to petitioner 1.
Summary
Four brothers applied for anticipatory bail in a case registered under Sections 191(1), 190, 109, 352, 351(2) and 118(1) of the Bihar Penal Code. The petitioners argued that they have clean antecedents and that the informant has falsely implicated them, noting that the FIR does not specifically allege assault against petitioners 2, 3 and 4, while petitioner 1 is alleged to have assaulted Manoj with a rod causing a head injury. The State opposed the bail, emphasizing the seriousness of the alleged assault and the grievous nature of the injury. The Court, after considering the submissions, granted anticipatory bail to petitioners 2, 3 and 4 subject to bail‑bond conditions, but declined to extend bail to petitioner 1. The application was therefore allowed in part and rejected for petitioner 1.
Issues considered
- Whether anticipatory bail should be granted to the accused under the listed offences.
- Whether the specific allegations in the FIR against each petitioner justify denial of bail.
- Whether the seriousness of the alleged assault and the nature of the injury affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- false implication
- assault
- Criminal Procedure Code
- Bihar Penal Code
- Section 482
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18387 of 2026
Arising Out of PS. Case No.-420 Year-2025 Thana- SURYAPURA District- Rohtas
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1. Lalbabu Sah @ Lallu Sah S/o Late Chandarma Sah R/o Village - Kalyani,
P.S - Suryapura, District - Rohtas
2. Birendra Sah S/o Late Chandrama Sah R/o Village - Kalyani, P.S -
Suryapura, District - Rohtas
3. Ravindra Sah S/o Late Chandrama Sah R/o Village - Kalyani, P.S -
Suryapura, District - Rohtas
4. Banti Sah @ Banti Kumar Sah S/o Ravindra Sah R/o Village - Kalyani, P.S -
Suryapura, District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raghunandan Kumar Singh
For the Opposite Party/s : Mr.Binod Kumar
Mr.Ashutosh Tripathy
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-04-2026 1. Heard learned counsel for the petitioners,
learned APP for the State and the learned counsel appearing
on behalf of the informant.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 191(1), 190, 109, 352, 351(2), 118(1) of the B.N.S.
3. The learned counsel for the petitioners submits
that the petitioners are persons with clean antecedent and
the informant alleges that accused persons threw his pipe
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kept for irrigating the field and Lalu assaulted Manoj by rod
causing injury on head and thereafter, other accused also
came and assaulted.
4. The learned counsel for the petitioners submits
that petitioners have been falsely implicated in the instant
case by the informant. It is next submitted that from perusal
of the allegation as alleged in the FIR, it would manifest
that no specific allegation of assault is alleged against the
petitioner nos.2, 3 and 4, but then, as far as petitioner no.1
is concerned, allegation against him is of assaulting Manoj
by rod causing injury on head. It is next submitted that
Suryapura P. S. Case No. 421 of 2025 was instituted by the
side of the petitioners against the informant and his side. It
is also submitted that even presuming what has been alleged
against the petitioner no.1 to be true without admitting, then
the blow is not alleged to be repeated. It is further submitted
that even petitioner no.1 suffered grievous injury i.e.
fracture of his hand.
5. Learned A.P.P. as well as the learned counsel
appearing on behalf of the informant opposes the
anticipatory bail application. The learned counsel appearing
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on behalf of the informant is not in a position to rebut the
submission of the learned counsel appearing on behalf of
the petitioners that there is no specific allegation of assault
alleged against petitioner nos.2, 3, 4, but then, it is
submitted that petitioner no.1 is alleged to have assaulted
Manoj by rod causing injury on head which is vital part of
the body and the injury has been opined to be grievous in
nature. It is also submitted that no doubt, even petitioner
no.1 suffered grievous injury in the assault, but then, the
same is not on vital part of the body.
6. Considering the submissions made by the
learned counsel for the petitioners, the petitioner nos.2, 3
and 4, above-named, in the event of their arrest or surrender
before the learned Court below within a period of six
weeks, are directed to be released on anticipatory bail on
their furnishing bail-bonds in the sum of Rs. 10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned Trial Court
where the case is pending/successor Court in connection
with Suryapura P. S. Case No.420 of 2025, subject to the
conditions laid down under Section 482(2) of the B.N.S.S.
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7. The application stands allowed.
8. So far as petitioner no.1 is concerned, the
Court is not inclined to extend the privilege of anticipatory
bail to the petitioner no.1.
9. The prayer of the petitioner no.1 for
anticipatory bail stands rejected.
(Satyavrat Verma, J)
vikash/-
U T
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