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Patna High Court

LAKHAN SINGHversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted subject to surrender within eight weeks and the execution of a bail bond with two sureties, under Section 438(2) CrPC and Section 482 B.N.S.S.

Summary

Lakhan Singh, a resident of Bhathachak village, sought anticipatory bail fearing arrest in a case registered under Sections 341, 323, 307, 379, 504, 506 and 34 of the IPC. The FIR alleged that he assaulted an informant with a lathi, causing only simple injuries. The petitioner highlighted his clean antecedent, while the State opposed the bail. The Court, after considering the nature of the injury and the petitioner’s clean record, ordered that he be released on anticipatory bail provided he surrenders within eight weeks. The bail was conditioned on furnishing a Rs.10,000 bond with two sureties and compliance with Section 438(2) of the CrPC and Section 482 of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted in a case involving offences under Sections 341, 323, 307, 379, 504, 506 and 34 of the IPC.
  • Whether the petitioner’s clean antecedent and the simple nature of injury justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • IPC offences
  • clean antecedent
  • Section 438 CrPC
  • Section 482 B.N.S.S.
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2298 of 2026
                    Arising Out of PS. Case No.-394 Year-2023 Thana- SHAHKUND District- Bhagalpur
                 ======================================================
                 LAKHAN SINGH Son of Late Anantlal Singh Resident of village -
                 Bhathachak, P.S.- Shahkund, District - Bhagalpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Diwakar Upadhyaya
                 For the Opposite Party/s :      Mr.Aditya Narayan Singh.1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   31-01-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence under Sections 341, 323, 307, 379,

                   504, 506 and 34 of the Indian Penal Code.

                                3. As per F.I.R., petitioner assaulted on the head of

                   informant with Lathi. Doctor has found the injury simple in

                   nature. Both parties are Gotiyas. Petitioner claims clean

                   antecedent.

                                4. Learned A.P.P. for the State has opposed the prayer

                   for anticipatory bail.

                                5. Considering the nature of injury and clean

                   antecedent, in the event of arrest/surrender within a period of

                   eight weeks from today, let the above named petitioner be
           Patna High Court CR. MISC. No.2298 of 2026(2) dt.31-01-2026
                                                       2/2




                     enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten

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

                     satisfaction of learned C.J.M., Bhagalpur in connection with

                     Shahkund P.S. Case No. 394 of 2023, subject to condition as

                     laid down under Section 438(2) of the Cr.P.C. / 482 of the

                     B.N.S.S.



                                                     (Prabhat Kumar Singh, J)
anay

U      T


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