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Patna High Court

Lal Bahadur Singh @ Lal Bahadur Prasad @ Bahadur PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners.

Summary

The petitioners, Lal Bahadur Singh and Lalbabu Singh, were arrested in connection with a murder case (Bikram P.S. Case No. 132 of 2024) alleged under Sections 302 and 34 of the Indian Penal Code. The prosecution alleged that they, along with family members, tortured and killed the deceased because she was issueless. The petitioners contended that they were falsely implicated, that no specific overt act was alleged against them, and that they have no prior criminal record, having been in custody since 19 September 2025. The State opposed the bail application. Considering the lack of concrete evidence, the petitioners' clean antecedent, and the period of custody already served, the Court granted bail, directing each petitioner to furnish a bail bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the accused in a murder and criminal conspiracy case under Sections 302 and 34 IPC given the facts and circumstances.
  • Whether the prosecution's allegations constitute sufficient ground to deny bail.

Legislation cited

Subjects

  • bail
  • murder
  • IPC 302
  • IPC 34
  • Patna High Court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2263 of 2026
                        Arising Out of PS. Case No.-132 Year-2024 Thana- BIKRAM District- Patna
                 ======================================================
           1.     Lal Bahadur Singh @ Lal Bahadur Prasad @ Bahadur Prasad S/O Late
                  Harinandan Yadav R/O Vill.- Begma, P.S.- Bikram, Dist.- Patna.
           2.     Lalbabu Singh @ Lalbabu Prasad S/O Late Harinandan Yadav R/O Vill.-
                  Begma, P.S.- Bikram, Dist.- Patna.
                                                                        ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Binod Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Ram Naresh Ray, A.P.P
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   21-01-2026                   Heard learned counsel for the petitioners and learned

                   APP for the State.

                               2. The petitioners seek bail in connection with Bikram

                   P.S. Case No. 132 of 2024, instituted for the offences under

                   Sections 302/34 of the Indian Penal Code.

                               3. Prosecution case, in short, is that the petitioner along

                   with the family members tortured and killed the deceased

                   because deceased was issueless.

                               4. Learned counsel for the petitioners submitted that the

                   petitioners have falsely been implicated in the present case.

                   Petitioner No. 1 is Bhaisur and petitioner No.2 is married Devar of

                   the deceased. Learned counsel for the petitioners submits that

                   general and omnibus allegation has been made against the
           Patna High Court CR. MISC. No.2263 of 2026(2) dt.21-01-2026
                                                       2/2




                     petitioners. No specific overt act is alleged against the petitioners.

                     Learned counsel further submitted that petitioners are separate in

                     mess and business and has got no concern in the family affairs of

                     the deceased and her husband. The marriage of the sister of the

                     informant was solemnized 25 years ago, but there is no complaint

                     regarding torturing or demand of dowry. Charge-sheet has been

                     submitted in this case. It has been submitted on behalf of the

                     petitioners that the petitioners are in custody since 19.09.2025 and

                     have no criminal antecedent.

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

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances of

                     the case, as also the period of custody undergone by the

                     petitioners, this Court is inclined to grant bail to the petitioners.

                                  7. Let the petitioners be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with

                     two sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Bikram P.S. Case No.

                     132 of 2024.


                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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