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Patna High Court

Lalan Prasad SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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