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Patna High Court

Lalan Kumar ThakurversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                      3/3




                    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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