Patna High Court
Lalan Prasad SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner.
Summary
The petitioner, Lalan Prasad Singh, sought anticipatory bail fearing arrest in a case (PS No.59 of 2025) alleging offences under Sections 318(4), 319(2), 336(2), 336(3) and 61(2) of the B.N.S. He claimed he was falsely implicated, asserting that his uncle, the main accused, had not misappropriated any compensation money and that the informant was attempting extortion after her mother’s death. The State opposed the bail application. The Court examined the petitioner's clean antecedents, the nature of the allegations, and the statutory provisions governing anticipatory bail. Finding no sufficient ground to deny bail, the Court allowed the application, directing release on a bail bond of Rs.10,000 with two sureties, subject to Section 438(2) of the CrPC and Section 482 of the B.N.S. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the alleged offences under the B.N.S.
- Whether the petitioner’s claim of innocence and clean antecedents justify the grant of bail despite the State’s opposition
Legislation cited
- B.N.S. — s. 318, 319, 336, 482, 61
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- anticipatory bail
- bail
- Criminal Procedure Code
- B.N.S.
- false implication
- misappropriation
- clean antecedent
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5946 of 2026
Arising Out of PS. Case No.-59 Year-2025 Thana- Bhimnagar District- Supaul
======================================================
Lalan Prasad Singh Son of Late Aasan Singh Residentof Village - Kaitiya
Power House,Ward no.-05, P.S. -Bhimnagar, District - Supaul.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sharda Nand Mishra, Advocate
Ms. Isha Mishra, Advocate
For the Opposite Party/s : Mr.Uma Shankar Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends his arrest in
connection with Bhimnagar P.S. Case No. 59 of 2025 registered
for the offence under Sections 318(4), 319(2), 336(2), 336(3),
61(2) of B.N.S.
3. As per the prosecution case, petitioner is the
nephew of the main accused who is accused of misappropriating
compensation amount of the informant’s mother.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and he has falsely
been implicated in this case. It is next submitted that the
petitioner’s uncle has not misappropriated any money and this
Patna High Court CR. MISC. No.5946 of 2026(3) dt.24-02-2026
2/2
has happened after the death of the informant’s mother and it
appears that she is trying to extort the money from the
petitioner’s uncle who is her brother. Petitioner has clean
antecedent.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned A.C.J.M.,
Birpur/ concerned Court below in connection with Bhimnagar
P.S. Case No. 59 of 2025, subject to the conditions laid down in
Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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