Patna High Court
LAKHAN SINGHversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- B.N.S.S. — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 307, 323, 34, 341, 379, 504, 506
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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