Patna High Court
Lakhendra Rai @ Lakhindra RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that anticipatory bail may be granted under section 482(2) of the Bharatiya Nyay Sanhita when the allegations are general, the FIR delay is minimal, and there is no likelihood of the petitioner absconding or influencing the investigation.
Summary
Lakhendra Rai was named as an accused in Patepur Police Station case No. 299 of 2025 for offences under several sections of the Bharatiya Nyay Sanhita, stemming from a dispute over the construction of a shop and alleged assault on Pinki Devi. The petitioner argued that the FIR was lodged five days after the incident, the allegations were omnibus and driven by business rivalry, and he was already on bail in another case. The State opposed the grant of anticipatory bail, contending the seriousness of the offences. The court examined the delay, the nature of the allegations, and the lack of any indication that the petitioner would flee or tamper with evidence. Applying section 482(2) of the B.N.S.S., the court granted anticipatory bail subject to a bail bond of Rs 10,000 and two sureties, with conditions. The application for anticipatory bail was therefore allowed.
Issues considered
- Whether anticipatory bail can be granted under section 482(2) of the Bharatiya Nyay Sanhita despite the alleged offences and a five‑day delay in filing the FIR
- Whether the petitioner is likely to abscond, tamper with evidence, or otherwise interfere with the investigation
Legislation cited
- Bharatiya Nyay Sanhita — s. 109, 115(2), 118(1), 126(1), 303(2), 3(5), 351(2), 352, 482(2), 74
Subjects
- anticipatory bail
- delay in FIR
- general allegations
- assault
- business dispute
- Bharatiya Nyay Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 34397 of 2026
Arising Out of PS. Case No.-299 Year-2025 Thana- PATEPUR District- Vaishali
======================================================
Lakhendra Rai @ Lakhindra Ray S/O Heera Ray R/O Village- Bardiha Turki,
P.S- Patepur, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bela Singh, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 19-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in
connection with Patepur P.S. Case No. 299 of 2025 dated
10.09.2025 registered for the offences punishable under
Sections 126(1), 115(2), 118(1), 74, 303(2), 109, 351(2), 352,
3(5) of the Bharatiya Nyay Sanhita.
3. As per the allegation, on account of some dispute
with regard to construction of shop for a grocery business by the
informant, the accused persons, including the petitioner, who
were thirteen in number, indulged in abuses and assaults. It has
further been alleged that petitioner assaulted by means of fists
and slaps upon one Pinki Devi and also to have caught hold her
hair.
Patna High Court CR. MISC. No. 34397 of 2026(2) dt.19-05-2026
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4. Learned counsel for the petitioner has submitted
that there is delay of 5 days in lodging the F.I.R. It has further
been submitted that there is general and omnibus allegation
against the petitioner and the allegation of assault upon Pinki
Devi, by holding her hair has been alleged only to dispute the
allegation against the petitioner. It has further been submitted
that there is dispute as regards the obstruction in construction of
shop, which co-accused Abishek Rai was already running and
there was some business rivalry between them and as a matter
of fact, the petitioner has been made an accused only on account
of the fact and the petitioner is neighbour of the said Abishek
Rai. It has further been submitted that petitioner is accused in
one another case, but he is on bail in that case. It has further
been submitted that co-accused Singheshwar Rai has been
granted the privilege of anticipatory bail by a Co-ordinate
Bench of this Court vide order dated 04.02.2026 passed in Cr.
Misc. No. 7429 of 2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances of the
case, let the above named petitioner, in the event of his
Patna High Court CR. MISC. No. 34397 of 2026(2) dt.19-05-2026
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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) with two sureties of the like
amount each to the satisfaction of the learned court concerned,
Vaishali at Hajipur, in connection with Patepur P.S. Case No.
299 of 2025, subject to conditions as laid down under section
482(2) of the B.N.S.S.
8. The application stands allowed.
(Praveen Kumar, J)
shivam/-
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