Patna High Court
Lalit Kumar Yadav @ Lalit YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted to the petitioner subject to bond and surety conditions.
Summary
The petitioner, Lalit Kumar Yadav, sought anticipatory bail fearing arrest in a murder case (Section 302 IPC) and a weapons offence (Section 27 Arms Act) registered as Benipatti P.S. Case No. 146 of 2024. The prosecution alleged that he assaulted and killed the deceased, while the petitioner denied any involvement. The FIR named another individual, Brijbihari Jha, as the assailant, and the petitioner’s name appeared only in the co‑accused’s confession. The court examined the FIR, the confession, and the submissions of counsel, and concluded that the petitioner was not directly implicated. Accordingly, the court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the CrPC, emphasizing that the order was prima facie and not a determination on the merits.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the petitioner’s appearance in a co‑accused’s confession suffices to justify denial of bail.
- Whether Section 482(2) of the CrPC can be invoked to conditionally release the petitioner.
Legislation cited
- Arms Act — s. 27
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 302
Subjects
- anticipatory bail
- Section 302 IPC
- Section 27 Arms Act
- confession of co‑accused
- Section 482 CrPC
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31189 of 2026
Arising Out of PS. Case No.-146 Year-2024 Thana- BENIPATTI District- Madhubani
======================================================
Lalit Kumar Yadav @ Lalit Yadav S/o- Shri Ram Kumar Yadav R/o - Deori,
P.S - Benipatti, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Alias Ashok Karn
For the Opposite Party/s : Mr. Bhanu Pratap Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 14-05-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Benipatti P.S. Case No. 146 of 2024 registered for offences
under Section 302 of the IPC and Section 27 of the Arms Act.
3. As per the prosecution case, the petitioner is
accused of assaulting and killing the deceased.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
It is further submitted that the petitioner neither assaulted the
deceased nor participated in the alleged occurrence.
5. Learned APP for the State has vehemently opposed
Patna High Court CR. MISC. No.31189 of 2026(2) dt.14-05-2026
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the prayer for bail.
6. I have considered the submissions of the parties and
have gone through the records of the case. From the FIR, it
appears that one Brijbihari Jha @ Girdhari Jha is the assailant of
the deceased. The petitioner is not named in the FIR. The
petitioner’s name has come in the confession of the co-accused,
Birbihari Jha @ Girdhari Jha, who stated that prior to the
occurrence, they had attended a party together.
7. Considering the facts and circumstances of the
case, this application for anticipatory bail stands allowed.
8. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned Court below
where the case is pending/successor Court in connection with
Benipatti P.S. Case No. 146 of 2024 subject to the conditions as
laid down under Section 482(2) of the BNSS.
9. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
Patna High Court CR. MISC. No.31189 of 2026(2) dt.14-05-2026
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and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
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