Patna High Court
Lakhan Tanti @ Lakhan Kumar TantiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court held that anticipatory bail must be granted to the petitioners subject to conditions under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita.
Summary
Lakhan Tanti and Biru Tanti were implicated in a case arising from a disturbance during the immersion of a Saraswati Puja idol, alleged to have involved stone‑throwing at police and causing injuries. The prosecution identified them as among the persons creating hindrance, invoking numerous sections of the Bharitya Nagrik Suraksha Sanhita. The petitioners contended they were mere by‑standers who fled the scene, that no injury report existed, and that they had no criminal antecedents, seeking anticipatory bail. The State opposed the bail on the ground of the serious allegations. After hearing both sides, the Court granted anticipatory bail subject to a bail bond, sureties and conditions under Section 482(2) of the B.N.S.S. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita despite the allegations of assault on police.
- Whether the prosecution’s evidence, including alleged stone‑throwing and injuries, is sufficient to deny anticipatory bail.
Legislation cited
- Bharitya Nagrik Suraksha Sanhita — s. 109(1), 115(2), 117(2), 118(1), 125(a), 125(b), 126(2), 132, 190, 191(2), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- public order offences
- religious procession disturbance
- Bharitya Nagrik Suraksha Sanhita
- Section 482
- police assault
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34364 of 2026
Arising Out of PS. Case No.-24 Year-2026 Thana- CHANDRAMANDI District- Jamui
======================================================
1. Lakhan Tanti @ Lakhan Kumar Tanti Son of Dino Tanti @ Dinu Tanti
Resident of Village- Chandramandih, P.S- Chandramandih, District- Jamui
2. Biru Tanti Son of Dino Tanti @ Dinu Tanti Resident of Village-
Chandramandih, P.S- Chandramandih, District- Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 19-05-2026 The matter has been taken up today through video
conferencing.
2. Heard learned counsel for the petitioners and
learned APP for the State.
3. The Petitioners are apprehending their arrest in
connection with Chandramandi P.S. Case No. 24/2026
registered for the offence punishable under Sections 191(2),
190, 126(2), 115(2), 117(2), 118(1), 109(1), 132, 125(a), 125(b),
351(2) and 352 of the B.N.S.
4. As per the prosecution case, the informant was
maintaining peace, law and order during the immersion of the
Saraswati Puja idol. It is alleged that certain persons carrying
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the idol of Goddess Saraswati in the procession were not
behaving properly. It is further been alleged that the informant,
along with the police force, stopped such persons from
indulging in such acts and requested them to immerse the idol in
a peaceful manner. Thereafter, about 40 to 50 persons started
abusing the police personnel and pelting stones at them, as a
result of which some persons sustained injuries. It is further
alleged that four persons were apprehended at the spot while the
others managed to flee away. It has also been alleged that, on
the basis of local information and available video footage, the
petitioners were identified as being among the persons who
were creating hindrance in the peaceful immersion of the idol.
5. Learned counsel for the petitioners has submitted
that petitioners are innocent and have falsely been implicated in
this case. It has further been submitted that there are general and
omnibus allegations against the petitioners. It has also been
submitted that the petitioners were bystanders, watching the
immersion of the idol, but during the commotion, they fled
away from the place of occurrence and were wrongly identified
as the persons creating hindrance. It has next been submitted
that there is no injury report on record to substantiate the
allegation of assault on the police force. Lastly, it has been
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submitted that the petitioners have got no criminal antecedents.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioners.
7. Heard the parties and perused the record.
8. Considering the aforesaid facts and circumstances
of the case, let the above named petitioners, in the event of their
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail 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 court
concerned, Jamui, in connection with Chandramandi P.S. Case
No. 24/2026 subject to the conditions as laid down under
Section 482(2) of the Bharitya Nagrik Suraksha Sanhita
(B.N.S.S.)
9. This application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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