Patna High Court
Lalan DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioner.
Summary
The petitioner, Lalan Das, sought anticipatory bail fearing arrest in a case involving multiple IPC offences (Sections 341, 147, 149, 353, 307, 354, 323, 504, 506) and Sections 5 and 6 of the Essential Services Maintenance Act, arising from an incident on 14‑02‑2023 where a road was blocked with a dead body and a crowd turned hostile towards police. The petitioner contended that he had committed no specific assault, had clean antecedents, and that co‑accused persons had already been granted anticipatory bail in similar cases. The State opposed the bail on the ground of the seriousness of the offences. The High Court, considering the petitioner’s claim of innocence, parity with co‑accused, and clean record, allowed the anticipatory bail, directing that if arrested within eight weeks he be released on a bail bond of Rs 10,000 with two sureties, subject to the inherent powers of the Court under Section 482(2) of the CrPC.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the serious nature of the offences alleged.
- Whether the petitioner’s clean antecedents and parity with co‑accused justify granting bail.
- Whether the conditions imposed under Section 482(2) of the CrPC are satisfied.
Legislation cited
- Code of Criminal Procedure — s. 482
- Indian Penal Code — s. 147, 149, 307, 323, 341, 353, 354, 504, 506
Subjects
- anticipatory bail
- Indian Penal Code
- Essential Services Maintenance Act
- Section 482 CrPC
- parity
- clean antecedents
- high court inherent powers
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76605 of 2025
Arising Out of PS. Case No.-35 Year-2023 Thana- PAKRIDAYAL District- East Champaran
======================================================
Lalan Das S/O Dineshwar Das @ Dineshar Das Resident of village- Chaita
P.s.- Pakaridayal, Dist.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar , Advocate
For the Opposite Party/s : Mr. Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 16-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State .
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 341, 147,
149, 353, 307, 354, 323, 504 and 506 of the Indian Penal Code
and Sections 5 and 6 of the Essential Services Maintenance Act.
3 . The prosecution case , in brief, is that on
14.02.2023 at about 1:15 PM, all the F.I.R. named accused
persons, including this petitioner, had blocked a road by keeping
the dead body of one Jaiprakash Das. It is further alleged that
while the informant and other police personnel tried to pacify
the matter, gathered people became angry and started abusing
and misbehaving with all the police officials, including female
police personnel.
Patna High Court CR. MISC. No.76605 of 2025(2) dt.16-01-2026
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4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and
have committed no offence as alleged. Allegations are general
and omnibus against this petitioner. There is no accusation of
assault against him. It is further submitted that similarly situated
co-accused persons have already been granted the privilege of
anticipatory bail by this Hon’ble Court vide order dated
02.04.2024 passed in Cr. Misc. No. 19701 of 2024 and order
dated 20.09.2024 passed in Cr. Misc. No. 47841 of 2024.
Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, claim based on parity and clean antecedent of the
petitioner, the prayer for grant of anticipatory bail to the
petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Chief Judicial
Patna High Court CR. MISC. No.76605 of 2025(2) dt.16-01-2026
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Magistrate - 8th Motihari, East Chamaparan in connection with
Pakaridayal P.S. Case No. 35 of 2023 , subject to condition as
laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
Koushik/-
U T
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