Patna High Court
Lalit Vijay Kumar @ Lali DhadhiversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that anticipatory bail may be granted to the petitioners subject to the conditions prescribed under Section 482(2) of the B.N.S. 2023.
Summary
The petitioners, three brothers from Mandana village, sought anticipatory bail after being implicated in a case under multiple sections of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.) for allegedly assaulting an informant with iron rods and a lathi-danda, causing simple injuries. The prosecution alleged that the assault occurred while the informant was watering his land, and the petitioners were charged under sections 126(2), 115(2), 109, 303(2), 352, 351(3) and 3(5) of the B.N.S. The petitioners contended that they were falsely implicated due to a land dispute, had no criminal antecedents, and were willing to cooperate with the investigation. The State and the informant opposed the grant of anticipatory bail. The Court, after considering the facts and submissions, ordered that the petitioners be released on bail if arrested or surrendered within six weeks, upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 482(2) of the B.N.S. 2023. The order effectively granted anticipatory bail to the petitioners.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the alleged offences under sections 126(2), 115(2), 109, 303(2), 352, 351(3) and 3(5) of the B.N.S. justify denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 109, 115(2), 126(2), 303(2), 3(5), 351(3), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- assault
- land dispute
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77546 of 2025
Arising Out of PS. Case No.-45 Year-2025 Thana- Hathiyav District- Sheikhpura
======================================================
1. Lalit Vijay Kumar @ Lali Dhadhi S/o Nande Dhadhi @ Nandlal Ram R/o
Village - Mandana, P.S - Hathiyawan, District - Sheikhpura
2. Vishal Kumar S/o Chunchun Dhadhi R/o Village - Mandana, P.S -
Hathiyawan, District - Sheikhpura
3. Manoj Dhadhi @ Manoj Ram S/o Bharosa Dhadhi R/o Village - Mandana,
P.S - Hathiyawan, District - Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bipin Kumar, Advocate
For the State : Mr. Shantanu Kumar, APP
For Informant : Mr. Rajnish Kumar, Advocate
Mr. Sheo Nandan Prasad, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 11-02-2026 Heard learned counsel for the petitioners, learned counsel
for the informant and learned A.P.P. for the State.
2. Petitioners apprehend their arrest in a case instituted
under Sections 126(2), 115(2), 109, 303(2), 352, 351(3) and 3(5)
of the B.N.S.
3. As per prosecution case, on the alleged date of
occurrence while the informant was watering his land, the
named accused persons including petitioners armed with iron
rod, lathi-danda came there and started abusing the informant
and upon refusing, they started assaulting the informant due to
which he sustained injuries.
Patna High Court CR. MISC. No.77546 of 2025(3) dt.11-02-2026
2/2
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in this
case due to ulterior motive. There is land dispute between both
the parties The injuries caused to the injured are found to be
simple in nature. The petitioners have no criminal antecedent
and they undertake to cooperate in the investigation and the
trial.
5. Learned counsel for the informant and learned A.P.P.
for the State oppose the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and
submissions of learned counsel for the parties, in the event of
arrest or surrender before the Court below within six weeks
from today, the petitioners be released on bail on furnishing bail
bonds of Rs.10,000/- (ten thousand) each with two sureties of
the like amount each to the satisfaction of learned C.J.M.,
Sheikhpura in connection with Hathiyawan P.S. Case No.45 of
2025, subject to the conditions as laid down in Section 482(2) of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Harish/-
U T
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