Patna High Court
LALIT KUMAR @ LALIT SAHversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to a bail bond and sureties under Section 482(2) of the B.N.S.
Summary
Lalit Kumar petitioned for anticipatory bail after being implicated in a case alleging he assaulted his neighbour, the informant, with a lathi, violating several sections of the B.N.S. The prosecution alleged injuries to the informant, while the petitioner claimed innocence, a petty neighbour dispute, and clean antecedents. The State and the informant opposed the bail. The court examined the nature of the injuries, the petitioner’s clean record, and the circumstances of the dispute. Considering these factors, the court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S. The order applies if the petitioner is arrested or surrenders within eight weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the allegations of assault and related offences under the B.N.S.
- Whether the petitioner’s clean antecedents and the nature of injuries justify the grant of anticipatory bail
Legislation cited
- B.N.S. — s. 109, 115(2), 126(2), 3(5), 351(2), 352, 482(2), 76
Subjects
- anticipatory bail
- assault
- criminal procedure
- clean antecedents
- Section 482
- B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2075 of 2026
Arising Out of PS. Case No.-171 Year-2025 Thana- DARBHANGA District- Darbhanga
======================================================
LALIT KUMAR @ LALIT SAH S/o- Shiv Shankar Sah R/v- Rannopatti Ps-
Town Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Shiva Shankar Sharma, Advocate
For the State : Mr. Nagendra Prasad, APP
For the Informant : Ms. Madhumala Kumari, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 31-01-2026 Heard learned counsel appearing on behalf of the
petitioner, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the informant.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 115(2),
126(2), 76, 109, 351(2), 352 and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that this
petitioner assaulted on the head of informant with lathi.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. As a matter of fact, both parties are next
door neighbours and due to petty dispute, this false and
concocted case has been lodged. Doctor has found the injuries,
Patna High Court CR. MISC. No.2075 of 2026(2) dt.31-01-2026
2/2
allegedly caused by this petitioner, simple in nature. Petitioner
claims clean antecedents.
5. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the
case, nature of injuries sustained by the injured and clean
antecedents of the petitioner, the prayer for grant of anticipatory
bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
Darbhanga in connection with Town P.S. Case No. 171 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
Checking your session…