Patna High Court
Harendra @ Lalu Yadav @ Harendra Kumar @ Lalu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioners, subject to bail bonds and conditions, under Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioners, Harendra and Chhotu, were named in an FIR for alleged assault and related offences under multiple sections of the Bihar National Security Act, 2023, arising from a dispute between co‑villagers. They sought anticipatory bail fearing arrest, claiming the incident was a trivial altercation with mutual injuries and that they have clean antecedents. The State opposed the bail, arguing the seriousness of the offences. The Court examined the facts, the nature of the allegations, and the petitioners' claim of a minor dispute, and considered the provisions of Section 482(2) of the B.N.S.S., 2023 regarding the High Court's inherent powers. It ordered that the petitioners be released on bail if arrested within eight weeks, upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the conditions imposed. Thus, anticipatory bail was granted with specific conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S.S., 2023 in view of the alleged offences.
- Whether the nature of the dispute and the petitioners' clean antecedent justify bail despite the seriousness of the charges.
Legislation cited
- Bihar National Security Act — s. 109, 115(2), 126(2), 303(2), 324(4), 3(5), 351(2), 352, 482(2), 74
Subjects
- anticipatory bail
- inherent powers
- Section 482
- Bihar National Security Act
- assault
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5514 of 2026
Arising Out of PS. Case No.-780 Year-2025 Thana- GAYA MUFASIL District- Gaya
======================================================
1. Harendra @ Lalu Yadav @ Harendra Kumar @ Lalu Kumar S/o Umesh
Yadav R/o Village - Mayapur, P.S.- Muffasil, District - Gaya
2. Chhotu Kumar @ Chhotu Yadav @ Nagendra Kumar S/o Umesh Yadav R/o
Village - Mayapur, P.S.- Muffasil, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Durgesh Nandan
For the Opposite Party/s : Mr.Lalan Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offence under Sections 115(2), 126(2), 74,
303(2), 351(2), 352, 324(4), 109, 3(5) of the B.N.S., 2023.
3. As per F.I.R., all the named accused persons
including these petitioners and 5-6 unknown persons assaulted
informant and other family members and also misbehaved with
female member of informant’s side.
4. Learned counsel for the petitioners submits that
both parties are co-villagers and on a trivial issue, alleged
Maarpeet took place in which both sides sustained injuries. Case
and counter case. Allegation of assault is general and omnibus.
Petitioners claim clean antecedent.
Patna High Court CR. MISC. No.5514 of 2026(2) dt.04-02-2026
2/2
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the aforesaid facts and circumstances,
let the above named petitioners, in the event of their
arrest/surrender within a period of eight weeks from today, be
enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Gaya in
connection with Mufassil P.S. Case No. 780 of 2025, subject to
condition as laid down under Section 482(2) of the B.N.S.S.,
2023.
(Prabhat Kumar Singh, J)
anay
U T
Checking your session…