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Patna High Court

Lalan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The application for regular bail is allowed.

Summary

Lalan Kumar was arrested for alleged collection of illegal toll tax, charged under Sections 292, 308(5), 308(2), 318(4) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. He had been in custody since 6 January 2026 and claimed a clean antecedent, while his co‑accused had already been granted regular bail. The State opposed his bail application. The Patna High Court, after considering the nature of the allegations, the period of custody and the petitioner’s clean record, allowed the regular bail, directing a bail bond of Rs 10,000 with two sureties and imposing conditions of regular appearance and verification of antecedents. The court also directed the Deputy Superintendent of Police to arrest the main accused, Karmendra Kumar, and clarified that its observations were prima facie and not an adjudication on the merits.

Issues considered

  • Whether the petitioner is entitled to regular bail under the Bharatiya Nyaya Sanhita, 2023 despite the nature of the offences alleged.
  • Whether the period of custody and the allegation of collecting illegal toll tax justify denial of bail.
  • Whether a clean antecedent and the bail granted to co‑accused affect the petitioner’s bail eligibility.

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • illegal toll tax
  • clean antecedent
  • surety
  • main accused arrest

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22190 of 2026
                          Arising Out of PS. Case No.-8 Year-2026 Thana- FATUA District- Patna
                 ======================================================
                 Lalan Kumar Son of Late Ram Ratan Singh Resident of Village- Janardanpur,
                 P.S.- Fatuha, District- Patna

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Surendra Kumar Mishra
                 For the Opposite Party/s :       Ms. Anita Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   09-04-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Fatuha P.S. Case No. 8 of 2026 registered for the offence under

                   Section(s) 292, 308(5), 308(2), 318(4) and 3(5) of the Bharatiya

                   Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the petitioner, along

                   with co-accused, is accused of collecting illegal toll tax from the

                   tempo drivers.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 06.01.2026 and claims clean

                   antecedent. He further submits that co-accused Mithlesh Kumar

                   @ Mithilesh Kumar @ Mithles Prasad has been granted regular
Patna High Court CR. MISC. No.22190 of 2026(2) dt.09-04-2026
                                            2/3




          bail by a co-ordinate Bench of this Court in Cr. Misc. No. 20364

          of 2026 dated 26.03.2026.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for bail.

                       6. Considering the aforesaid facts and circumstances,

          the period of custody and the nature of allegation, this

          application for regular bail is allowed.

                       7. Accordingly, let the petitioner, above named, be

          released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Court below where the case is

          pending/successor Court in connection with Fatuha P.S. Case

          No. 08 of 2026 subject to conditions that:-

                                             (i). The petitioner shall appear in
                                  the trial regularly either personally or
                                  through his lawyer and shall cooperate in
                                  the trial and non-cooperation in the trial
                                  shall result in cancellation of the bail bond
                                  of the petitioner.
                                            (ii). At the time of accepting the
                                  bail bonds of the petitioner, the Court below
                                  shall verify the fact whether the petitioner
                                  has clean antecedent or not. If it is found
                                  that the petitioner has clean antecedent then
                                  only his bail bonds shall be accepted by the
                                  Court below. However, it is made clear that
                                  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.
            Patna High Court CR. MISC. No.22190 of 2026(2) dt.09-04-2026
                                                        3/3




                                   8. The Dy.S.P. Fatuha is directed to ensure the arrest

                      of the main accused Karmendra Kumar who is a contractor and

                      on whose instruction, this work was being done.

                                   9. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. This Court has not

                      expressed any opinion on the merits of the case.

                                   10. Let a copy of this order be communicated to the

                      Senior Superintendent of Police, Patna through FAX or e-mail

                      for immediate compliance.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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