Patna High Court

Lalan Ray @ Lalan Rai @ Lallan RaiversusThe State of Bihar

Decided: 11 February 2026
Disposal: BAIL REJECTED
Bench: R P MISHRA

Holding

The court held that bail could not be granted to the petitioner at this stage.

Summary

Lalan Ray applied for bail in a murder case under Sections 302 and 34 of the Indian Penal Code. An earlier anticipatory bail application had been rejected by a coordinate bench of the Patna High Court and the Supreme Court also denied special leave. The prosecution’s case is based on a confessional statement of a co‑accused linking the petitioner to the murder of the informant’s daughter. The petitioner contended that he was falsely implicated, had no prior criminal record, and had been in custody since 08‑09‑2025. Considering the gravity of the offence, the seriousness of the allegations and the stage of the investigation, the court declined to grant bail and directed the trial court to expedite the trial.

Issues considered

Whether bail should be granted to the accused in a murder case under Sections 302 and 34 IPC
Whether the earlier rejection of anticipatory bail and special leave precludes further bail relief

Legislation cited

Indian Penal Code — s. 302, 34

Subjects

bail
anticipatory bail
murder
IPC
Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79047 of 2025
                        Arising Out of PS. Case No.-133 Year-2023 Thana- GARKHA District- Saran
                 ======================================================
                 Lalan Ray @ Lalan Rai @ Lallan Rai S/O Yodha Ray Resident of Village-
                 Aloni tola, P.O.- Garkha, P.S.- Garkha, District- Saran, Bihar, 841311.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Puneet Siddhartha, Advocate
                 For the Opposite Party/s :       Mr.Jai Narain Thakur, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

3   11-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State. Perused the case diary.

                               2. The petitioner seeks bail in connection with Garkha

                   P.S. Case No. 133 of 2023, instituted for the offences under

                   Sections 302 and 34 of the Indian Penal Code.

                               3. Earlier, the anticipatory bail of the petitioner has

                   been rejected by a co-ordinate Bench of this Court vide order

                   dated 28.04.2025 passed in Criminal Miscellaneous No. 80967

                   of 2024. Thereafter, petitioner preferred a petition for Special

                   Leave to Appeal (Criminal) No. 8893 of 2025 before the

                   Hon’ble Supreme Court, seeking for grant of anticipatory bail,

                   which was rejected vide order dated 10.06.2025.

                               4. Prosecution case, in short, is that the daughter of the

                   informant had not returned to house after she went outside to get
Patna High Court CR. MISC. No.79047 of 2025(3) dt.11-02-2026
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          water and her daughter’s dead body was recovered on the next

          day morning around 50 meter away from her house. In course of

          investigation, it came to light that informant in connivance with

          other co-accused murdered his daughter.

                      5. Learned counsel for the petitioner submitted that the

          petitioner has falsely been implicated in the present case. He

          further submitted that name of the petitioner surfaced on the

          confessional statement of co-accused Manoj Kumar Ray @

          Manoj Ray. Learned counsel for the petitioner submits that

          general and omnibus allegation has been made against the

          petitioner. Charge-sheet has been submitted in this case. It has

          been submitted on behalf of the petitioner that the petitioner is

          in custody since 08.09.2025 and has no criminal antecedent.

                      6. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner. In course

          of    investigation,        witnesses       have     disclosed   regarding

          involvement of petitioner along with other co-accused persons

          in the murder of daughter of the informant (Petitioner). There is

          serious allegation against the petitioner. Hence, he does not

          deserve bail.

                       7. Considering the aforesaid facts and circumstances

          of the case, nature and gravity of offence, this Court is not
           Patna High Court CR. MISC. No.79047 of 2025(3) dt.11-02-2026
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                     inclined to grant bail to the petitioner at this stage.

                                  8. Accordingly, the prayer for grant of bail to the

                     petitioner is, hereby, rejected.

                                  9. Learned Trial Court is directed to expedite the trial.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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