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Patna High Court

Lalit Kumar SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                     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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