Patna High Court
Lalan Ram @ Lalan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Bharatiya Nagarik Suraksha Sanhita — s. 2(1)(d), 482, 482(2)
- Bhartiya Nyay Sanhita — s. 109, 115(2), 126(2), 3(5), 351(2), 352
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
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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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