Patna High Court
Lallu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioners had made out a prima facie case for pre‑arrest bail and ordered their release on bail subject to conditions.
Summary
Lallu Kumar and Ranjan Kumar, petitioners, sought pre‑arrest bail in a case (Bakhtiyarpur P.S. Case No. 658 of 2025) alleging assault and firearm injury to an informant's family, with offences under Sections 126(2), 115(2), 109, 352, 351(2) and 3(5) of the BNS. The petitioners claimed innocence, arguing that the specific charge of firing was against co‑accused Suraj Kumar and that the allegations against them were general and omnibus. The State and the informant opposed the bail. The court examined the prima facie nature of the petitioners' case and the applicability of Section 482(2) of the BNSS. Finding that the petitioners had made out a prima facie case for bail, the court directed that they be released on pre‑arrest bail upon surrender, with a bond of Rs. 10,000 and two sureties, subject to verification of any pending criminal antecedents.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail despite allegations of assault and firearm injury.
- Whether a general and omnibus allegation suffices to deny bail when the specific charge of firing is against another co‑accused.
- Whether Section 482(2) of the BNSS permits the grant of pre‑arrest bail in the present circumstances.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 109, 115(2), 126(2), 3(5), 351(2), 352
Subjects
- pre‑arrest bail
- Section 482
- Bihar Criminal Procedure
- assault
- firearm injury
- general allegation
- prima facie case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20929 of 2026
Arising Out of PS. Case No.-658 Year-2025 Thana- BAKHTIYARPUR District- Patna
======================================================
1. Lallu Kumar aged about 26 years (M)
2. Ranjan Kumar aged about 28 years (M) both son of Sona Prasad @ Sonelal
Yadav
Resident of Village - Madhopur, P.S- Bakhtiyarpur, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shivjee Singh, Advocate
For the Informant : Mrs. Anjali, Advocate
For the State : Mr. Humayou Ahmad Khan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 16-04-2026 Heard Mr. Shivjee Singh, learned counsel appearing
on behalf of the petitioners; Mrs. Anjali, learned counsel for the
informant and Mr. Humayou Ahmad Khan, learned APP for the
State.
2. The petitioners seek pre-arrest bail in connection
with Bakhtiyarpur P.S. Case No. 658 of 2025 registered for the
offence punishable under Sections 126(2), 115(2), 109, 352,
351(2) and 3(5) of the BNS.
3. As per the allegation made in the FIR, petitioners
along with other co-accused persons, had assaulted the
informant, as well as, his son and nephew causing firearm injury
to the son and nephew of the informant.
Patna High Court CR. MISC. No.20929 of 2026(2) dt.16-04-2026
2/3
4. Learned counsel appearing on behalf of the
petitioners submitted that petitioners are innocent and they have
falsely been implicated in the present case. General and
omnibus allegation has been levelled against the petitioners.
Specific allegation of firing is against co-accused Suraj Kumar.
On these grounds, petitioners seek to be released on pre-arrest
bail.
5. Learned counsel for the informant and learned APP
for the State vehemently opposed the prayer for grant of pre-
arrest bail.
6. Having heard the rival submissions made on behalf
of the parties, as well as, the fact that specific allegation of
firing is against co-accused Suraj Kumar. General and omnibus
allegation has been levelled against the petitioners. I am of the
opinion that petitioners have, prima facie, made out a case to be
released on pre-arrest bail.
7. The petitioners, above named, 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/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned District Court
Patna High Court CR. MISC. No.20929 of 2026(2) dt.16-04-2026
3/3
where the case is pending, in connection with Bakhtiyarpur P.S.
Case No. 658 of 2025, subject to the condition as laid down
under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioners as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioners as what has been stated in
paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Niraj/-
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