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Patna High Court

Lalan Ram @ Lalan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to bond and verification conditions.

Summary

The petitioners, Lalan Ram and his son Ravi Kumar, applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case (Darigaon P.S. Case No. 132 of 2025) alleging assault and related offences under several sections of the Bhartiya Nyay Sanhita, 2023. They contended that the FIR was vague, the alleged incident involved relatives, and there was a four‑day delay in filing, asserting their innocence and clean antecedents. The State opposed the bail, noting the existence of both a case and a counter‑case and the delay in FIR registration. The Court examined the facts and, considering the petitioners' claims and the nature of the allegations, granted anticipatory bail subject to a bond of Rs 30,000 each and conditions for verification of criminal antecedents. The order also directed that the bail bond not be delayed for verification purposes and that the trial court may cancel bail if any concealment of antecedents is discovered.

Issues considered

  • Whether anticipatory bail can be granted under Section 482 of the BNSS, 2023 in view of the FIR allegations and delay in filing
  • Whether the petitioners' claim of innocence and clean antecedent justifies bail despite the seriousness of the alleged offences

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • BNSS 2023
  • FIR delay
  • criminal antecedent
  • bail conditions
  • criminal miscellaneous

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4907 of 2026
                      Arising Out of PS. Case No.-132 Year-2025 Thana- DARIGAON District- Rohtas
                 ======================================================
           1.     Lalan Ram @ Lalan Kumar S/O Late Suraj Ram R/O Maranpur, P.S-
                  Darigaon, Distt.- Rohtas.
           2.    Ravi Kumar S/O Lalan Ram @ Lalan Kumar R/O Maranpur, P.S- Darigaon,
                 Distt.- Rohtas.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Md Fazle Karim, Advocate
                 For the Opposite Party/s :       Mr. Syed Ehteshamuddin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   04-02-2026                  Heard Learned Counsel for the petitioners and

                   Learned APP for the State.

                                2. The present criminal miscellaneous application has

                   been filed under Section 482 of the Bharatiya Nagarik Suraksha

                   Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for

                   grant of anticipatory bail to the petitioners who apprehend arrest

                   in connection with Darigaon P.S. Case No. 132 of 2025, lodged

                   on 30.07.2025, under Sections 126(2)/115(2) /109 /352 /351 (2)

                   /3(5) of the Bhartiya Nyay Sanhita, 2023.

                                3. As per the prosecution, occurrence took place on

                   26.07.2025 at about 3:00 PM and allegation against 8 accused

                   persons that they all have assaulted the informant and his father,
Patna High Court CR. MISC. No.4907 of 2026(2) dt.04-02-2026
                                            2/3




          due to which his father sustained injury and admitted to

          hospital.

                       4. Learned Counsel for the petitioners submits that the

          petitioners are innocent and have committed no offence.

          Counsel submits that for the same date and place of occurrence

          the case and counter case have been lodged from both the sides.

          Counsel submits that from the content of the FIR, it becomes

          crystal clear that the informant and accused persons are

          relatives. Counsel further submits that all the allegations are

          general and omnibus in nature. There is nothing specific against

          the present petitioners. Counsel further submits that the

          occurrence took place on 26.07.2005 whereas the FIR has been

          lodged from both the sides on 30.07.2025. Counsel submits that

          antecedent of the petitioners are clean and they are ready to

          fulfill all the conditions whatsoever shall be imposed upon

          them.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioners but fairly submits that there are case and

          counter case against each other and FIR has been lodged with a

          delay of four days.

                       6. In the present facts and circumstances of this case,

          let the above named petitioners be released on anticipatory bail,
          Patna High Court CR. MISC. No.4907 of 2026(2) dt.04-02-2026
                                                      3/3




                    in the event of arrest or surrender before the learned Court

                    below within a period of 4 weeks from today, on furnishing bail

                    bond of Rs.30,000/- (Rupees Thirty Thousand) each as

                    mentioned in Section 2(1)(d) of the BNSS, 2023 to the

                    satisfaction of Chief Judicial Magistrate, Rohtas at Sasaram, in

                    connection with Darigaon P.S. Case No. 132 of 2025, subject to

                    the conditions as laid down U/s 482(2) of the BNSS, 2023.

                                 7. And further condition that the Trial Court shall

                    verify the criminal antecedent of the petitioners and in case at

                    any stage it is found that the petitioners have concealed their

                    criminal antecedent, the Trial Court shall take step for

                    cancellation of bail bond of the petitioners.               However, the

                    acceptance of bail bonds in terms of the above mentioned order

                    shall not be delayed for purpose of or in the name of

                    verification.



                                                                        (Dr. Anshuman, J)
    Mkr./-

U     T


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