Patna High Court

Lalu YadavversusThe State of Bihar

Decided: 8 April 2026
Disposal: BAIL GRANTED
Bench: PURNENDU SINGH

Holding

The Court directed that the petitioners be released on pre‑arrest bail subject to the conditions of Section 482(2) of the BNSS 2023.

Summary

Petitioners Lalu Yadav and Bittu Kumar applied for pre‑arrest bail in a case (Khaira P.S. Case No.461 of 2025) alleging assault with a sword, iron rod and other weapons over a land dispute, invoking multiple sections of the BNS. They argued that they are co‑sharers of the disputed land and that other co‑accused had already been released on bail. The State opposed the bail on the seriousness of the offences. The High Court, after considering the submissions, granted pre‑arrest bail subject to a Rs.10,000 bond, two sureties, and compliance with conditions under Section 482(2) of the BNSS 2023, directing the district court to verify any prior criminal antecedents. The bail order will lapse automatically if such antecedents are found.

Issues considered

Whether the petitioners are entitled to pre‑arrest bail despite the serious nature of the offences alleged under the BNS.
Whether the conditions prescribed under Section 482(2) of the BNSS 2023 are applicable to this bail application.
Whether the prior release of co‑accused on bail influences the grant of bail to the petitioners.

Legislation cited

BNSS of 2023 — s. 482(2)

Subjects

pre‑arrest bail
assault
land dispute
Section 482
criminal procedure
Bihar High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20367 of 2026
                        Arising Out of PS. Case No.-461 Year-2025 Thana- KHAIRA District- Jamui
                 ======================================================
           1.     Lalu Yadav Son of Sahdeo yadav
           2.    Bittu Kumar @ Bittu Yadav Son of Paremeshwar Yadav
                 Both resident Village - Lalpur, P.S. - Khaira, Dist. - Jamui.
                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rajive Ranjan Singh, Advocate
                 For the Opposite Party/s :       Mr.Lakshmi Kant Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   08-04-2026                     Heard learned counsel appearing on behalf of the

                   petitioners and the learned APP for the State.

                                2. Petitioners seek pre-arrest bail in connection with

                   Khaira P.S.Case No.461 of 2025, registered for the offences

                   punishable under Sections 191(2), 191(3), 190, 115(2), 126(2),

                   117(2), 118(1), 109, 329(3), 351(2) and 352 of BNS.

                                3. As per the allegation made in the FIR, the co-

                   accused persons including the petitioners assaulted the

                   informant and his other family members by means of sword,

                   iron rod and farsa, over the issue of ploughing the land, as a

                   result they sustained injuries.

                                4. Learned counsel appearing on behalf of the

                   petitioners submitted that the informant and the petitioners are

                   co-sharers of the land in dispute and the uncle of the petitioners

                   has registered Complaint Case No1211C of 2025 against the

                   informant and another. Learned counsel further submitted that
        Patna High Court CR. MISC. No.20367 of 2026(2) dt.08-04-2026
                                                    2/2




                  other co-accused have been released on pre-arrest bail, vide

                  order dated 15.01.2026 passed in Cr. Misc. No.91202 of 2025.

                               5. Learned APP for the State vehemently opposed the

                  prayer for grant of pre-arrest bail to the petitioner.

                               6. Having considered the rival submissions made on

                  behalf of the parties, as well as, considering the nature of

                  allegations made in the FIR, the petitioners are directed to be

                  released on pre-arrest bail, in the event of their arrest or

                  surrender before the learned district court within a period of

                  four weeks from today, on furnishing bail bond of Rs.10,000/-

                  (Ten Thousand) with two sureties of the like amount each to the

                  satisfaction of learned CJM, Jamui/concerned court, in

                  connection with Khaira P.S.Case No.461 of 2025, subject to

                  conditions as laid down under Section 482(2) of BNSS of 2023

                               7. The learned district court is directed to verify the

                  criminal antecedent of the petitioners and if it is found that the

                  petitioners are involved in some other cases as what has been

                  stated in paragraph No.3 of the bail application, this order will

                  automatically lose its force.



                                            (Purnendu Singh, J)
chn/-
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