Patna High Court
Lalan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioners have made out a prima facie case for pre‑arrest bail and ordered their release on bail.
Summary
The petitioners, sons of Lalan Singh, were charged under several IPC sections including 307 (attempt to murder) for allegedly assaulting an informant and his family during a land dispute. They claimed the injuries were simple and caused in self‑defence without intent to kill. The State opposed pre‑arrest bail, but the court noted the existence of a case and counter‑case and the medical opinion that injuries were minor. Finding a prima facie case for bail, the court ordered the petitioners to be released on pre‑arrest bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS. The district court was directed to verify any criminal antecedents, and the bail order would lapse if such antecedents were found.
Issues considered
- Whether pre‑arrest bail should be granted in a case involving serious IPC offences including attempt to murder.
- Whether the claim of self‑defence and the nature of injuries affect the grant of bail.
- Whether the presence of a case and counter‑case arising from a land dispute justifies bail.
- Whether conditions under Section 482(2) of the BNSS are applicable to the bail order.
Legislation cited
- Indian Penal Code — s. 307, 323, 34, 341, 354, 379, 504, 506
Subjects
- pre‑arrest bail
- self‑defence
- land dispute
- IPC offences
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69599 of 2025
Arising Out of PS. Case No.-93 Year-2024 Thana- DARPA District- East Champaran
======================================================
1. Lalan Singh S/O Late Raghu Singh
2. Amit Kumar @ Amit Singh S/O Lalan Singh
3. Sunil Singh S/O Lalan Singh
4. Ranjeet Kumar @ Ranjeet Singh S/O Lalan Singh
5. Sanjeev Kumar S/O Lalan Singh
All are Resident of Village- Bakhtaura, P.S.- Dapra, District- East
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Prasad, Advocate
For the Opposite Party/s : Ms.Nirmala Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 20-02-2026 Heard Mr. Pramod Kumar Prasad, learned counsel
appearing on behalf of the petitioners and Ms.Nirmala Kumari,
learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Dapra P.S. Case No. 93 of 2024 registered for the
offence(s) punishable under Sections
341,323,354,379,307,504,506,34 of the Indian Penal Code.
3. As per the allegation made in the FIR, the accused
persons named therein including the petitioners with an
intention to kill have brutally assaulted the informant, his
brother and son, causing injury to them.
Patna High Court CR. MISC. No.69599 of 2025(4) dt.20-02-2026
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4. Learned counsel appearing on behalf of the
petitioners submitted that petitioners are innocent and have
falsely been implicated in the present case. There is case and
counter case between the parties arising out of same incidence
and due to land dispute, an altercation took place and both the
sides entered into fierce fight and in the self-defence, petitioners
may have caused some injury on the persons of the informant
and his family members without intention but the injury
sustained by the injured persons is simple in nature, as per the
opinion of the doctor.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties, as well as, having perused the allegation made in
the FIR and also the fact that there is case and counter case
between the parties and due to land dispute, an altercation took
place and both the sides entered into fierce fight and in the self-
defence, petitioners may have caused some injury on the
persons of the informant and his family members without
intention but the injuries sustained by the informant, his brother
and son are simple in nature, as per the opinion of the doctor,
I am of the opinion that petitioners have, prima facie, made out
Patna High Court CR. MISC. No.69599 of 2025(4) dt.20-02-2026
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a case to be released on pre-arrest bail.
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned JMFC, Raxaul at Motihari /
Concerned Court in connection with Dapra P.S. Case No. 93 of
2024, subject to the conditions as laid down under Section
482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioners and if it is found
that the petitioners are involved in some other cases, as
what has been stated in paragraph no.3 of the bail
application, this order will automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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