Created by Fuzzy Cloud

Patna High Court

Lalan Rai @ Lalan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                           3/3




                         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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.