Patna High Court
Lalu RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- BNS, 2023 — s. 109(1), 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 76
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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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