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Patna High Court

Lalan SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




                       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
                                                       3/3




                     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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