Patna High Court
Lalit Kumar SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioner subject to a bond, sureties and compliance with Section 438(2) CrPC and Section 482(2) B.N.S.S.
Summary
The petitioner, Lalit Kumar Sah, sought anticipatory bail fearing arrest in a case (Sikti P.S. Case No. 160 of 2021) involving multiple IPC offences including murder, robbery and assault. He alleged that he was falsely implicated due to a prior enmity and a retaliatory case filed by his father. The State opposed the bail, arguing the seriousness of the charges. The Court considered the possibility of the petitioner surrendering within eight weeks and the conditions under Section 438(2) of the CrPC and Section 482(2) of the Bihar Negotiable Instruments Act. It ordered that bail be granted on a bond of Rs.10,000 with two sureties, subject to the stipulated conditions, thereby providing anticipatory relief.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in view of the serious IPC offences alleged against him
- Whether the petitioner's claim of false implication and prior enmity warrants the grant of bail
Legislation cited
- Bihar Negotiable Instruments Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 147, 149, 307, 323, 324, 325, 341, 354, 379, 448, 504, 506
Subjects
- anticipatory bail
- false implication
- IPC offences
- CrPC Section 438
- Bihar Negotiable Instruments Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7872 of 2026
Arising Out of PS. Case No.-160 Year-2021 Thana- SIKTI District- Araria
======================================================
Lalit Kumar Sah S/o Janardan Sah R/o Vill- Saidabad Kuti Tola, Ward No. 12,
P.S.- Sikti, Distt- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md. Ziaul Quamar
For the Opposite Party/s : Mr.Nityanand
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 20-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence under Sections 147, 149, 341, 323,
324, 325, 307, 379, 448, 504, 506 & 354 of the I.P.C.
3. As per F.I.R., on 21.08.2021, all the named accused
persons including this petitioner abused and assaulted informant
and other family members by means of iron rod & spade and
also snatched silver & gold jewellery from informant’s wife.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in this case due to
previous enmity between the parties. Present case is counter
blast of Sikti P.S. Case No. 49 of 2018, lodged by father of
petitioner against informant side. Specific allegation is against
co-accused Janardan Sah. So far as this petitioner is concerned,
there is general & omnibus allegation. Petitioner claims clean
Patna High Court CR. MISC. No.7872 of 2026(2) dt.20-02-2026
2/2
antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the aforesaid facts and circumstances,
in the event of arrest/surrender before the Court below 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 Chief Judicial Magistrate, Araria in
connection with Sikti P.S. Case No. 160 of 2021, subject to
condition as laid down under Section 438(2) of the Cr.P.C. /
Section 482(2) of the B.N.S.S.
(Prabhat Kumar Singh, J)
anay
U T
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