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Patna High Court

Lalu RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioners subject to conditions under Section 438(2) of the Code of Criminal Procedure.

Summary

The petitioners, Lalu Rai, Papan Kumar and Papu Rai, sought bail in a case (Lakhaura P.S. Case No. 92 of 2025) where they were accused under several sections of the BNS, 2023 for allegedly assaulting an informant with deadly weapons and stealing her belongings. The prosecution alleged a violent assault, while the petitioners contended they have a clean antecedent, were falsely implicated, and that the injury to the informant was simple, arising from an admitted land dispute. The court examined the nature of the injury, the petitioners' clean record, and the context of the land dispute. Finding the injury to be simple and noting the petitioners' clean antecedent, the court granted bail subject to conditions under Section 438(2) of the CrPC. The bail order required a bond of Rs. 10,000 with two sureties, cooperation with the trial, and provisions for cancellation if evidence was tampered with or antecedents concealed.

Issues considered

  • Whether bail should be granted to the petitioners accused under the listed sections of the BNS, 2023.
  • Whether the simple nature of the injury and the petitioners' clean antecedent justify bail.
  • Whether the existence of an admitted land dispute influences the bail decision.

Legislation cited

Subjects

  • bail
  • Criminal Procedure Code
  • Section 438
  • BNS 2023
  • land dispute
  • false implication
  • injury assessment

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20976 of 2026
                  Arising Out of PS. Case No.-92 Year-2025 Thana- LAKHAURA District- East Champaran
                 ======================================================
           1.     Lalu Rai Son of Jwahar Rai R/O village- Dostiya, P.S.- Lakhaura, District-
                  East Champaran
           2.    Papan Kumar Son of Lalu Rai R/O village- Dostiya, P.S.- Lakhaura,
                 District- East Champaran
           3.     Papu Rai @ Pappu Rai @ Pappu Kumar Son of Radhamohan Rai R/O
                  village- Dostiya, P.S.- Lakhaura, District- East Champaran
                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :     Mr. Abhishek Kumar, Advocate
                                                 Mr. Hemant Ray, Advocate
                 For the State             :     Mr. Anil Kumar, APP
                 For the Informant         :     Mr. Manu Kumar, Advocate
                                                 Mr. Rajesh Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-04-2026                       Heard Mr. Abhishek Kumar, learned counsel for the

                   petitioners, Mr. Manu Kumar, learned counsel for the informant

                   and Mr. Anil Kumar, learned Additional Public Prosecutor for

                   the State.

                                2. The petitioners are apprehending their arrest in

                   connection with Lakhaura P.S. Case No. 92 of 2025, F.I.R. dated

                   10.04.2025 for the offences punishable under Sections 115(2),

                   126(2), 118(1), 109(1), 76, 303(2), 352, 351(2) and 3(5) of the

                   BNS, 2023.

                                3.      According to prosecution case, all the accused

                   persons including these petitioners armed with deadly weapons

                   have brutally assaulted the informant and also took away her
Patna High Court CR. MISC. No.20976 of 2026(2) dt.17-04-2026
                                            2/3




          clothes and ornaments.

                      4. Learned counsel for the petitioners submits that

          petitioners have clean antecedent and they have falsely been

          implicated in the present case. He further submits that it appears

          from the F.I.R that the petitioners have assaulted the informant

          by means of Garasa due to which the informant has received

          injury but the injury report suggest that the injury is simple in

          nature caused by hard and blunt substance. He further submits

          that the due to admitted land dispute the present occurrence has

          taken place.

                      5. Learned counsel for the informant as well as learned

          Additional Public Prosecutor have vehemently opposed the

          prayer for bail of the petitioners.

                       6. Considering the aforesaid facts and circumstances

          that the petitioners have clean antecedent, due to admitted land

          dispute the present occurrence has taken place and the injury

          received by the injured person is simple in nature, let the

          petitioners, above named, in the event of their arrest or

          surrender before the court below within a period of thirty days

          from the date of receipt of the order, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the learned
            Patna High Court CR. MISC. No.20976 of 2026(2) dt.17-04-2026
                                                        3/3




                      C.J.M., Motihari, East Champaran in connection with Lakhaura

                      P.S. Case No. 92 of 2025, subject to the conditions as laid down

                      under Section 438(2) of the Code of Criminal Procedure and

                      with other following conditions:-

                                   i. Petitioners shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on their absence on two consecutive dates without sufficient

                      reason, their bail bond shall be cancelled by the Court below.

                                   ii. If the petitioners tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioners and in case at

                      any stage it is found that the petitioners have concealed their

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioners. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.


                                             (Rajesh Kumar Verma, J)
Vanisha/-
U      T


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