Patna High Court
Laljee PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Laljee Prasad was arrested on 2 March 2026 in connection with a case arising from a dispute over a window, leading to an assault on an informant and others. The petitioner sought bail for offences under several sections of the Bhartiya Nyaya Sanhita, 2023, while the prosecution opposed bail citing five prior criminal cases, though he was on bail in four of them. The court examined the nature of the injuries, the petitioner’s criminal antecedents, and the circumstances of the dispute. It concluded that bail could be granted provided the petitioner complied with strict conditions, including cooperation with the trial and no tampering with evidence. Accordingly, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions for cancellation.
Issues considered
- Whether bail should be granted to the petitioner despite the seriousness of the offences under the Bhartiya Nyaya Sanhita, 2023.
- Whether the petitioner’s prior criminal antecedents warrant denial of bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 3(5), 351(2), 352, 76
Subjects
- bail
- criminal procedure
- assault
- prior criminal antecedents
- Bhartiya Nyaya Sanhita
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27274 of 2026
Arising Out of PS. Case No.-133 Year-2026 Thana- CHAPRA TOWN District- Saran
======================================================
Laljee Prasad Son of Chhotan Prasad @ Chotan Prasad Resident of Village-
Mouna Pakari Barka Duara, P.S.- Chapra Town, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Yugal Kishore, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 21-04-2026 Heard Mr. Yugal Kishore, learned counsel for the
petitioner and Mr. Anil Kumar, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
02.03.2026 in connection with Chapra Town P.S. Case No. 133
of 2026, for the offences punishable under Sections 126(2),
115(2), 118(1), 117(2), 109, 76, 351(2), 352, 3(5) of Bhartiya
Nyaya Sanhita, 2023.
3. According to prosecution case, in the backdrop of
petty feud of closing the window, the altercation took place and
in consequence thereof, the petitioner and other accused persons
surrounded the informant and assaulted him on his head
whereas co-accused Munna Kumar is said to have assaulted
with sword as a result of which, the informant sustained injury.
Patna High Court CR. MISC. No.27274 of 2026(2) dt.21-04-2026
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While the other family members came to rescue, they were also
assaulted.
4. Learned counsel for the petitioner submits that
from perusal of the FIR, it appears that due to land dispute, the
present occurrence took place. Due to passage of road, free-fight
took place between the parties and in the occurrence, both side
received injuries. The present case is counter blast of Chapra
Town P.S. Case No. 96 of 2026 lodged by the petitioner against
the informant and others. The petitioner has also lodged Chapra
Town P.S. Case No. 281 of 2025 against the informant and
others. It is further submitted that a Title Suit being T.S. No.
1059 of 2024 is also going on between the parties. Although
there is allegation in the FIR against the petitioner to assault the
informant and his cousin Pritam as a result of which, both
persons have received injuries. Perusal of the injury report
shows the injury grievous in nature but the injury received by
the informant is on non-vital part of the body and the petitioner
is in custody since 02-03-2026.
5. Learned APP for the State has vehemently
opposed the prayer for bail of the petitioner and submits that the
petitioner carries five more criminal antecedents other than the
present one but fairly submits that out of five cases, the
Patna High Court CR. MISC. No.27274 of 2026(2) dt.21-04-2026
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petitioner is on bail in four cases and one case is pending before
the competent court of jurisdiction.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released 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 Chief Judicial
Magistrate, Saran at Chapra in connection with Chapra Town
P.S. Case No. 133 of 2026, with the following conditions:
i. The petitioner shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
court and shall remain physically present as directed by the
court and on his absence on two consecutive dates without
sufficient reason, his bail bond shall be cancelled by the Court
below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
Patna High Court CR. MISC. No.27274 of 2026(2) dt.21-04-2026
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acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
A.K.V.//-
U T
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