Patna High Court
Lalan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 292, 308(2), 308(5), 318(4), 3(5)
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
Checking your session…