Patna High Court
Lalan Yadav @ Lalan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court grants anticipatory bail to the petitioner, subject to the stipulated bond and conditions.
Summary
The petitioner, Lalan Yadav, sought anticipatory bail in connection with a case registered under Section 309(4) of the B.N.S., 2023, alleging that he and others assaulted an informant, causing him to fall and allegedly stealing a bag containing Rs. 4,40,000. The petitioner contended that the amount claimed was inconsistent, calculating it to be Rs. 3,80,000, and argued that the informant could not legally carry such a large sum of cash, rendering the allegation prima facie false. He also highlighted that a co‑accused had already been granted regular bail by the district court. The State opposed the anticipatory bail. The High Court, noting the nature of the allegation, the bail already granted to a co‑accused, and the petitioner’s three prior criminal antecedents, decided to grant anticipatory bail subject to a bail bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S., including possible cancellation if the allegations are later proved.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. in view of the alleged offence under Section 309(4) of the B.N.S., 2023.
- Whether the allegations against the petitioner are prima facie false due to the discrepancy in the amount of cash allegedly stolen and statutory restrictions on carrying large sums of cash.
Legislation cited
- B.N.S., 2023 — s. 309(4)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Section 309(4)
- Section 482(2)
- prima facie false allegation
- cash restriction
- bail bond
- co‑accused bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2934 of 2026
Arising Out of PS. Case No.-289 Year-2025 Thana- ALOULI District- Khagaria
======================================================
Lalan Yadav @ Lalan Kumar S/o Larantu Yadav Resident of Village - Alauli,
P.S - Alauli, District - Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amar Kumar Singh, Adv.
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 20-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection
with Alauli P.S. Case No. 289 of 2025 dated 29.06.2025
registered for the offence punishable under Section/s 309(4) of
the B.N.S., 2023.
3. As per the prosecution case, the accusation against the
petitioner is that he along with other accused persons, hit the
Informant’s motorcycle deliberately due to which the Informant
fell down whereafter the petitioner snatched a bag from him
containing Rs. 4,40,000/- and fled away from there.
4. Learned counsel for the petitioner by referring to the
contents of the F.I.R. submits that as per allegation, the
Informant was carrying Rs. 4,40,000/- and description, which is
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given in the bottom of such information on calculation, only
comes out to Rs. 3,80,000/- and prima facie the allegation
appears to be false. It is next submitted that in terms of the
restriction to carry hard cash, the Informant could not have
carried such a huge amount with him.
5. Counsel for the petitioner further submits that the only
allegation against the petitioner is of running away with the
amount, in question which from the F.I.R. itself gets disputed.
Lastly, it is submitted that one of the co-accused Raja Kumar @
Raja Paswan, against whom the similar allegation was leveled,
has already been allowed regular bail by the district court itself.
6. Learned APP for the State opposes the prayer for grant
of anticipatory bail.
7. Considering the nature of allegation and co-accused
having been extended the benefit of regular bail by the district
court itself and the petitioner having three criminal antecedents
in which he is already on bail, this Court is inclined to grant
anticipatory bail to the petitioner.
8. Let the petitioner, above named, be released on
anticipatory bail in the event of his arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
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two sureties of the like amount each to the satisfaction of
learned Chief Judicial Magistrate, Khagaria in connection with
Alauli P.S. Case No. 289 of 2025, subject to the condition as
laid down under Section 482(2) of the B.N.S.S. with a further
condition that in future if similar allegation is leveled against the
petitioner and on investigation, if the allegations are found to be
prima facie proved then the police will be at liberty to take
recourse for cancellation of bail bond of the petitioner.
(Ajit Kumar, J)
rishi/-
U T
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