Patna High Court
Lalan Rai @ Lalan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the B.N.S.
Summary
The petitioners – Lalan Rai, Una Rai and Lalbabu Rai – applied for anticipatory bail fearing arrest in a case registered under multiple sections of the B.N.S., including assault‑related offences. The FIR alleged that a police raid to arrest other individuals led to a mob assault on police, with the petitioners allegedly involved, though the petitioners claim they were falsely implicated and have clean antecedents except for one prior case. The petitioners argued that no specific allegation of assault was made against them and that they are not criminals. The State opposed the bail, citing the seriousness of the alleged offences. The Court, after considering the submissions, directed that the petitioners be released on anticipatory bail upon furnishing bail bonds of Rs 10,000 each with two sureties, subject to conditions under Section 482(2) of the B.N.S. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioners despite allegations of involvement in assault and a prior case against one petitioner
Legislation cited
- B.N.S. — s. 109, 115(2), 118, 126, 132, 191(2), 191(3), 351(3), 352, 482(2)
Subjects
- anticipatory bail
- Section 482
- assault
- false implication
- clean antecedent
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6274 of 2026
Arising Out of PS. Case No.-107 Year-2025 Thana- RAGHOPUR District- Vaishali
======================================================
1. Lalan Rai @ Lalan Kumar S/o Tipu Rai R/o Village - Hemantpur, P.S -
Rustampur, District - Vaishali
2. Una Rai @ Om Prakash Kumar @ Uma Rai S/o Tipu Rai R/o Village -
Hemantpur, P.S - Rustampur, District - Vaishali
3. Lalbabu Rai S/o Tipu Rai R/o Village - Hemantpur, P.S - Rustampur, District
- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar
For the Opposite Party/s : Mr.Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-04-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 191(2), 191(3), 126, 115(2), 118, 109, 132, 352, 351(3)
of the B.N.S.
3. The learned counsel for the petitioners submits that
the petitioner no.1 has antecedent of one case as would manifest
from the supplementary affidavit and petitioner nos.2 and 3 are
persons with clean antecedent and the informant alleges that a
raiding team was constituted for arresting Vijay and Laldev on
Patna High Court CR. MISC. No.6274 of 2026(2) dt.30-04-2026
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allegations of dealing in liquor business, accordingly the team
reached at the place of occurrence and arrested Laldev when
named accused persons including the petitioners with an intent
of freeing Laldev attacked the police force causing injury.
Further, Bijli Rai assaulted S.I. Deepak with lathi causing injury
on right hand and Sanjit assaulted by brick causing injury on
Deepakl’s forehead. Further, Laldev and Dinesh assaulted
Constable Bhagwan Lal by lathi on right hand and Umesh
assaulted by brick causing injury on shoulder. Further, Vijay
assaulted Sangam by rod causing injury on head and he became
unconscious but the force managed to bring the arrested accused
Laldev and Dinesh to the police station.
4. The learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that from perusal of the
allegations as alleged in the FIR, it would manifest that no
specific allegation of assault is alleged against the petitioners
and petitioner nos.2 and 3 persons with clean antecedent and are
not criminals.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
Patna High Court CR. MISC. No.6274 of 2026(2) dt.30-04-2026
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counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on
anticipatory bail on their furnishing bail-bonds in the sum of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the
like amount each to the satisfaction of the learned Trial Court
where the case is pending/successor Court in connection with
Raghopur (Rustampur O.P.) P. S. Case No.107 of 2025, subject
to the conditions laid down under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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