Patna High Court
Lalan Kumar ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail should be granted to the petitioners subject to a bond of Rs 10,000 and two sureties, under Section 482(2) of the BNSS, 2023.
Summary
Lalan Kumar Thakur and Vinay Thakur petitioned the Patna High Court for bail in a complaint alleging assault, robbery, forgery and misappropriation of government funds under multiple sections of the IPC. The prosecution claimed the petitioners, with unidentified accomplices, attacked the complainant, attempted to seize official documents and used forged papers to operate a development sansthan. The petitioners contended they were innocent, had a clean antecedent and were falsely implicated due to a personal grudge. The State opposed the bail application. Considering the petitioners’ clean antecedent and the circumstances, the court ordered that they be released on bail upon furnishing a bond of Rs 10,000 each with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioners are entitled to bail despite the serious nature of the offences alleged under the IPC
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, is applicable for granting bail in this complaint
- Whether the petitioners' clean antecedent and alleged malafide motive of the complainant justify bail
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 120B, 147, 148, 323, 341, 342, 420, 467, 468, 469, 471, 504
Subjects
- bail
- IPC
- Section 482
- BNSS 2023
- Patna High Court
- criminal procedure
- misappropriation
- assault
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1945 of 2026
Arising Out of PS. Case No.-1047 Year-2023 Thana- SITAMARHI COMPLAINT CASE
District- Sitamarhi
======================================================
1. Lalan Kumar Thakur Son of Late Harichandra Thakur Resident of Village
-Riga Tola, Yogwana PS- Riga Distt -Sitamarhi
2. Vinay Thakur @ Vinay Kumar Thakur Son of Late Harishchandra Thakur
Resident of Village -Riga Tola, Yogwana PS- Riga Distt -Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar
2. Jagdish Sah son of Late Khelawan Sah Resident of Village - Po and Ps-
Riga, Dist- Sitamarhi, Mantri Acharya Rammurti Samagra Vikash Sansthan,
Riga, Dist- Sitamarhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suresh Prasad Bhakta, Advocate
For the Opposite Party/s : Mr. Surendra Kumar. APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 22-06-2026 Heard learned counsel for the petitioners and the
State .
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under sections 147, 148,
341, 342, 323, 420, 467, 468, 469, 471, 504 and 120B of the
IPC.
3 . The case the prosecution, in brief, is that 'Acharya
Rammurti Samagra Vikash Sansthan, Riga, Sitamarhi' was
established by complainant, wherein Petitioner No.1 was
appointed as the Treasurer. Due to alleged financial negligence
Patna High Court CR. MISC. No.1945 of 2026(5) dt.22-06-2026
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in handling transactions, Petitioner No.1 was removed from the
said post and replaced by one Ram Pukar Sah. It is alleged that
on 14.08.2023, while the Complainant was en route from the
Riga office to the administrative office at Basantpur Pakri, these
petitioners, accompanied by 6–7 unidentified persons,
intercepted him, assaulted him with a knife, fists, slaps and
attempted to snatch the Sansthan's official documents and also
threatened with dire consequences. The Complainant further
alleges that he subsequently discovered that Petitioner No.1 was
operating the Sansthan using forged documents and had
misappropriated government funds amounting to lakhs/crores of
rupees. Based on these allegations, the instant complaint was
filed on 17.08.2023 before the learned Chief Judicial
Magistrate, Sitamarhi.
4. It is submitted on behalf of the petitioners that
petitioners are innocent and committed no offence and they have
falsely implicated in this case due to malafide intention on
account of personal grudge. Allegation is general and omnibus
against them. He further submits that basic ingredients to
constitute the alleged offence are lacking against these
petitioners. Petitioners claim clean antecedent.
5 . Learned counsel for the State oppose the bail
Patna High Court CR. MISC. No.1945 of 2026(5) dt.22-06-2026
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petition .
6 Considering the aforesaid facts, clean antecedent of
these petitioners and other circumstances of the case , in the
event of arrest or surrender within eight weeks from today, let
the petitioners, as named above, be enlarged on bail on
furnishing bail bond of Rs.10,000/-(ten thousand) each with two
sureties of the like amount each to the satisfaction of the learned
J.M.F.C., Sitamarhi in Complaint Case No. 1047 of 2023 ,
subject to the conditions laid down under section 482 ( 2 ) of the
Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 .
(Prabhat Kumar Singh, J)
Koushik/Alok
Raj-
U T
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