Patna High Court
Lal Babu Rai @ Lalbabu RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that, owing to the familial relationship, clean antecedents, and the vague nature of the accusations, anticipatory bail under Section 482(2) of the B.N.S.S. was justified.
Summary
The petitioners, Lal Babu Rai and his sons, feared arrest in a case registered under multiple sections of the B.N.S. alleging assault on an informant and his family. They contended that the dispute was a simple familial quarrel over a pathway, with both parties being close relatives and having clean antecedents, and that the accusations were vague and omnibus. The State opposed the grant of anticipatory bail. Considering the relationship between the parties, the lack of specific allegations, and the petitioners' clean record, the court allowed anticipatory bail. The bail was conditioned on a bond of Rs.10,000 each, two sureties, and compliance with Section 482(2) of the B.N.S.S., to be executed within eight weeks of the order.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S.S. given the nature of the allegations.
- Whether the general and omnibus nature of the accusations and the familial relationship between the parties warrant bail.
Legislation cited
Subjects
- anticipatory bail
- Section 482
- criminal procedure
- familial dispute
- clean antecedents
- general and omnibus accusation
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2071 of 2026
Arising Out of PS. Case No.-197 Year-2025 Thana- DIGHWARA District- Saran
======================================================
1. Lal Babu Rai @ Lalbabu Rai S/O Late Rupnarayan Rai Residetn of Village-
Rampur Aami, P.S- Dighwara, District- Saran at Chapra.
2. Amit Kumar S/O Lal Babu Rai @ Lalbabu Rai Residetn of Village- Rampur
Aami, P.S- Dighwara, District- Saran at Chapra.
3. Sujeet Kumar S/O Lal Babu Rai @ Lalbabu Rai Residetn of Village-
Rampur Aami, P.S- Dighwara, District- Saran at Chapra.
4. Ajeet Kumar @ Ajit S/O Lal Babu Rai @ Lalbabu Rai Residetn of Village-
Rampur Aami, P.S- Dighwara, District- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Dewendra Narayan Singh, Advocate
For the State : Ms. Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 31-01-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 118(1), 109, 352, 351(2), 303(2), 74 and 3(5) of the
B.N.S..
3. As per prosecution case, on alleged date and time of
occurrence, all the F.I.R. named accused persons, including
these petitioners, abused the informant, tried to outrage the
modesty of daughter of informant and assaulted informant and
Patna High Court CR. MISC. No.2071 of 2026(2) dt.31-01-2026
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her family members.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. As a matter of fact, both parties are
close relatives of each other and happen to be descendants of the
common ancestors. Dispute over path way led to simple maar-
peet in which both sides sustained injuries. There is case and
counter-case. Allegation of assault is general and omnibus and
no specific accusation of overt act has been alleged against these
petitioners. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, relationship between the parties, general and omnibus
nature of accusation, case and counter-case and clean
antecedents of the petitioners, the prayer for grant of
anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
Patna High Court CR. MISC. No.2071 of 2026(2) dt.31-01-2026
3/3
amount each to the satisfaction of learned Judicial Magistrate-
1st Class, Saran at Chapra in connection with Dighwara P.S.
Case No. 197 of 2025, subject to condition as laid down under
Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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