Patna High Court
Lalu Kumar @ Raju KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to Chandan Kumar, subject to conditions under Section 438(2) of the Cr.P.C.
Summary
Petitioner Lalu Kumar was arrested in connection with a case under several sections of the Bhartiya Nayay Sanhita, 2023, and withdrew his anticipatory bail petition. Petitioner Chandan Kumar sought anticipatory bail for the same case, alleging that the FIR alleged he opened fire and stole a golden chain but no injury report was on record. The prosecution argued that the allegation of firing was sufficient to deny bail, while the defense highlighted the absence of any injury report. The court, noting the lack of an injury report and the Sessions Judge’s observation, decided to grant anticipatory bail to Chandan Kumar, subject to conditions under Section 438(2) of the Cr.P.C. and additional safeguards. The bail order required a bond, sureties, regular police appearances, and prohibitions against tampering with evidence or committing further offences.
Issues considered
- Whether anticipatory bail should be granted to Chandan Kumar despite allegations of firing and theft in the FIR.
- Whether the absence of an injury report justifies the grant of anticipatory bail.
Legislation cited
- Bhartiya Nayay Sanhita, 2023 — s. 109, 115(2), 126(2), 303, 3(5), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- bail conditions
- Criminal Procedure Code
- Bhartiya Nayay Sanhita
- FIR
- injury report
- theft
- assault
- firearm discharge
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74648 of 2025
Arising Out of PS. Case No.-185 Year-2025 Thana- KAKO District- Jehanabad
======================================================
1. Lalu Kumar @ Raju Kumar S/o- Devendra Prasad Resident of village-
Ramji Kuer PS- Kako District-Jehanabad
2. Chandan Kumar S/o- Devendra Prasad Resident of village- Ramji Kuer PS-
Kako District-Jehanabad
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Chandra, Advocate
For the Opposite Party/s : Mr.Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 20-02-2026 Mr. Shashank Chandra, learned counsel for the
petitioners submit that petitioner no.1 Lalu Kumar @ Raju
Kumar has been arrested and as such he may be permitted to
withdraw the petition against the petitioner no.1.
2. The anticipatory bail application is dismissed as
withdrawn.
3. Heard Mr.Shashank Chandra, learned counsel for
petitioner no.2 and the learned APP for the State.
4. The petitioner no.02, Chandan Kumar is
apprehending arrest in connection with Kako P.S. Case No. 185
of 2025 instituted under Sections 126(2), 115(2), 109, 303, 352,
351(2), 3(5) of the Bhartiya Nayay Sanhita, 2023 lodged on
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13.06.2025 by the informant, Surendra Kumar.
5. As per the prosecution story, the informant alleged
that while he was sitting at his door, the accused persons
including the petitioner no.1 came, the allegation is that both
petitioner nos. 1 and 2 opened fire but it did not hit. As he
started running, allegation of assault as also taking away the
golden chain locket is/are there. This led to the FIR.
4. Learned counsel for the petitioner no.2 has taken
this Court to the learned Sessions Judge order to show that it has
been recorded that the case diary does not contain any injury
report. He submits that allegation of opening fire is against two
petitioners, ironically he escaped from the firing. There is no
injury report on record either.
5. Learned APP opposes the prayer submitting that
though he did not hit the informant, the allegation of firing is
there.
6. Considering the submissions of the parties as also
the observation of the learned Sessions Judge that injury report
is not on record, in that background, this Court is inclined to
extend the petitioner no.2, Chandan Kumar the privilege of
anticipatory bail.
7. Let the petitioner no.2, Chandan Kumar be released
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on bail, in the event of arrest or surrender before the concerned
court within a period of four weeks from the receipt of this
order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each in connection with
Kako P.S. Case No. 185 of 2025 to the satisfaction of learned
Sub-Divisional Judicial Magistrate, Jehanabad subject to the
conditions as laid down under Section 438(2) of the Cr.P.C. as
also the other conditions.
(i) one of the bailor should be the family
member/relative of the petitioner no.2, Chandan Kumar who
shall provide official document (Aadhar Card/Driving
License/Voter ID/Pan Card etc.) to show his/her bona fide;
(ii) The petitioner no.2, Chandan Kumar shall be
appearing before the police station as and when required for
cooperating in the investigation;
(iii) petitioner no.2, Chandan Kumar shall appear on
each and every date before the Trial Court and failure to do so
for two consecutive dates without plausible reason will entail
cancellation of his bail bond by the Trial Court itself;
(iv) the petitioner no.2, Chandan Kumar shall appear
before the concerned police station every fortnight for next six
months to mark his attendance and at the end of the period a
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certificate be submitted before the Trial Court failing which the
State shall be at liberty to take steps for cancellation of bail
bonds;
(v) the petitioner no.2, Chandan Kumar shall in no
way try to induce or promise or threat the witnesses or tamper
with the evidences, failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(vi) petitioner no.2, Chandan Kumar shall desist from
committing any criminal offence again, failing which the State
shall be at liberty to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Ravi/-
U T
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