Patna High Court
Lalbabu SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that bail should be granted to the petitioners as no injury was caused and the statutory conditions for bail under Section 438(2) Cr.P.C. and Section 482(2) BNSS were satisfied.
Summary
The petitioners, three brothers from Sugauli, were implicated in a case alleging armed intimidation of an informant’s husband under several provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Arms Act. The FIR alleged that the accused arrived armed, sought information, and that one associate was arrested with a pistol and live bullet, but no injury was inflicted on any person. The petitioners argued that the allegations were general, they fled the scene, and they were being falsely implicated in a long‑standing dispute, seeking bail. The State opposed bail on the ground of the petitioners’ criminal antecedents, though they were already on bail in other matters. Considering the absence of any injury, the nature of the allegations, and the petitioners’ willingness to cooperate, the court ordered bail subject to a bond of Rs 10,000 with two sureties and conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS, including family surety and cooperation with investigation.
Issues considered
- Whether bail should be granted to the petitioners despite charges under BNSS and the Arms Act.
- Whether the lack of injury and the circumstances of the incident justify the exercise of discretion under Section 438(2) Cr.P.C. and Section 482(2) BNSS.
- Whether the conditions imposed by the court are sufficient to safeguard the investigation and trial.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27
- Bharatiya Nagarik Suraksha Sanhita (BNSS) — s. 115(2), 126(2), 3(5), 351(2), 352, 482(2), 74
- Criminal Procedure Code (Cr.P.C.) — s. 438(2)
Subjects
- bail
- criminal procedure
- BNSS
- Arms Act
- no injury
- pre‑trial liberty
- section 438 CrPC
- section 482 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24857 of 2026
Arising Out of PS. Case No.-443 Year-2025 Thana- RAMGARHWA District- East
Champaran
======================================================
1. Lalbabu Sah S/O Nawal Kishore Sah R/O Village- Sugauli Nayak Tola, PS-
Sugauli, Distt-East Champaran
2. Laxmi Sah S/O Nawal Kishore Sah R/O Village- Sugauli Nayak Tola, PS-
Sugauli, Distt-East Champaran
3. Rakesh Sah S/O Nawal Kishore Sah R/O Village- Sugauli Nayak Tola, PS-
Sugauli, Distt-East Champaran
... ... Petitioners.
Versus
The State of Bihar. ... ... Opposite Party.
======================================================
Appearance :
For the Petitioner/s : Mr. Dhannjay Kumar-II, Advocate
For the Opposite Party/s : Mr. Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioners and learned A.P.P.
for the State.
2. The petitioners apprehend their arrest in a case registered
for the offences punishable under Sections 126(2), 115(2), 74,
352, 351(2) and 3(5) of the B.N.S. and under Section 25 (1-b)a,
26 and 27 of the Arms Act.
3. The petitioners along with others variously armed are said to
have reached at the door of the informant and sought
information about her husband. On alarm being raised by her,
three persons managed to escape, while one Awadhesh Sah alias
Chhotu Sah was apprehended and on search one country made
pistol and a live bullet was recovered from his possession.
Patna High Court CR. MISC. No.24857 of 2026(2) dt.30-04-2026
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4. It is submitted by learned counsel for the petitioners that
perusal of the F.I.R. itself discloses that there are general and
omnibus allegations in the first information report that four
persons including these petitioners have come variously armed
in order to assault and threaten the informant’s husband,
however, these petitioners are said to have fled away from the
place of occurrence and one Awadhesh Sah alias Chhotu Sah
was arrested and it is from his possession one country made
pistol was recovered. It is further submitted that in the entire
incident no injury was caused to anyone. There is an old
litigation between the parties and the petitioners were called for
the purpose of compromise and, subsequently, they were
falsely implicated.
5. Learned APP for the State opposed the prayer for bail on
the ground that the petitioners have criminal antecedents. In
response, it is submitted that the petitioners are on bail in all
the cases, except being one, bearing Sugauli P.S. Case No.518
of 2025, which has been filed by the husband of the informant,
and it is submitted that they have been granted bail in this case
also.
6. Taking into consideration the facts and circumstances of the
case and also considering the fact that no injury having been
Patna High Court CR. MISC. No.24857 of 2026(2) dt.30-04-2026
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caused to anyone in the incident, let the above named
petitioners, be released on bail, in the event of their arrest or
surrender before the learned Court below within a period of four
weeks from today, on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned lower Court where
the case is pending/successor Court in connection with
Ramgarhwa P.S. Case No.443 of 2025, subject to the condition
as laid down under Section 438 (2) of the Cr.P.C/482 (2) of the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, subject to
further conditions that:
(i) One of the bailors would be family members/blood relative.
(ii) The petitioners would cooperate in the investigation/trial and
in non-cooperation thereof, the prosecution would be at liberty
to file an application for cancellation of bail bonds of the
petitioners.
(Soni Shrivastava, J)
Trivedi/-
U T
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