Patna High Court
Lakshman Singh @ Lakhan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- S B P SINGH
Holding
The petitioners are entitled to anticipatory bail subject to the conditions imposed by the Court.
Summary
Lakshman Singh and Bisheshwar Singh petitioned the Patna High Court for anticipatory bail, fearing arrest in connection with a criminal case (PS No. 80 of 2025) alleging multiple offences under the B.N.S., including assault, robbery, and outraging modesty. The prosecution’s case is based on an informant’s claim that the petitioners participated in a pre‑planned attack using deadly weapons, resulting in injuries and theft of jewellery. The petitioners contend that the allegations are false, fabricated, and part of a counter‑complaint, and they assert a compromise between the parties, attaching a compromise petition to the bail application. The State opposed the bail. The Court, noting the alleged compromise, the petitioners’ clean antecedents, and the possibility of the allegations being frivolous, exercised its power under Section 482 of the CrPC to grant anticipatory bail, subject to bond and surety conditions. The order directs that the petitioners be released on bail if arrested or surrendered within four weeks, with specified surety requirements.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in view of the allegations and the alleged compromise.
- Whether the allegations against the petitioners constitute a false or fabricated case warranting denial of bail.
Legislation cited
- B.N.S. — s. 110, 115(2), 118(1), 126(2), 303(2), 329(4), 3(5), 351(2), 352, 76
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- anticipatory bail
- false allegations
- compromise petition
- Criminal Procedure Code
- Section 482
- assault
- robbery
- outraging modesty
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5991 of 2026
Arising Out of PS. Case No.-80 Year-2025 Thana- GHOGHARDIHA District- Madhubani
======================================================
1. Lakshman Singh @ Lakhan Singh Son of Ramu Singh Resident of Village-
Gulariya Tol, P.S.- Ghoghardiha, District- Madhubani
2. Bisheshwar Singh @ Bisheshwar Kumar Singh Son of Radhe Shyam Singh
Resident of Village- Gulariya Tol, P.S.- Ghoghardiha, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baleshwar Kamat
For the Opposite Party/s : Mr. Binod Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending their arrest in
connection with Ghoghardiha P.S. Case No. 80 of 2025 for the
offence under Sections 126(2), 118(1), 115(2), 110, 329(4), 76,
303(2), 352, 351(2) and 3(5) of the BNS.
3. As per the prosecution story, the informant has
alleged that on 07.05.2025 at about 6:00 PM, when he was
filling soil with a tractor near his doorstep, Lakshman Singh
(petitioner no. 1), Shivji Singh, Shatrudhan Singh, Shani Kumar
Singh, Bisheshwar Singh (petitioner no. 2), Ram Bharos Singh,
Sohag Devi, Kalwa Devi, unlawfully and in a pre-planned
Patna High Court CR. MISC. No.5991 of 2026(2) dt.04-02-2026
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manner attacked on him, armed with deadly weapons such as
country-made axe (tengri), and iron rod. Co-accused Shivji
Singh assaulted with tengari on the forehead of the informant, as
a result of which he sustained deep cut injury on his head and
fell on the ground. Even thereafter, Laxman Singh assaulted him
again on the forehead with an axe, and Shani Kumar Singh
struck his right hand with an iron rod, resulting in fracture.
When his family members came to rescue, whereupon Laxman
Singh, Shivji Singh, Sohag Devi, and Kalwa Devi forcibly
entered in his house, dragged his wife by her hair, assaulted her
brutally, and outraged her modesty. During the assault, Sohag
Devi and Kalwa Devi removed gold earrings worth about Rs.
60,000/- from his wife’s ears.
4. Learned counsel for the petitioners submits that the
petitioners are quite innocent and have committed no offence as
alleged by the informant. No such occurrence in the manner as
alleged in the prosecution story has ever been taken place. The
entire allegation levelled against the petitioners is out and out
false, forged, frivolous, fabricated and concocted one which is
completely denied. This case is counterblast of Ghoghardiha
P.S. Case No. 79 of 2025 which has been filed by the son of co-
accused Kapleshwar Singh against the informant of the present
Patna High Court CR. MISC. No.5991 of 2026(2) dt.04-02-2026
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case. It is also submitted that now the matter has been
compromised between both the parties and the compromise
petition is annexed in the bail application as Annexure-P/3. A
statement has been made in para 3 of the bail application that
petitioner has clean antecedent.
5. Learned APP opposes the prayer for bail.
6. Keeping in view the aforesaid facts, this Court is
inclined to extend them the privilege of anticipatory bail.
7. Let the petitioners be released on bail in the event
of arrest or surrender within a period of four weeks from the
date of receipt of this order, on furnishing bail bond of Rs.
10,000/- (Ten thousand) each with two sureties of like amount
each to the satisfaction of learned Judicial Magistrate Ist Class,
Jhanjharpur, Madhubani, in connection with Ghoghardiha P.S.
Case No. 80 of 2025 subject to the conditions as laid down
under Section 482 of B.N.S.S., as also with the condition that
one of the bailors should be close relative of the petitioner.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U T
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