Patna High Court
Lalan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that anticipatory bail should be granted, subject to conditions, under Section 438(2) CrPC and Section 482(2) B.N.S.S.
Summary
The petitioner, Lalan Kumar, a former Panchayat Secretary, sought anticipatory bail after an FIR was lodged in 2025 for alleged irregularities in Panchayat schemes and construction dating back to 2016. He faced charges under IPC sections 406, 409, 419, 420, 467, 468 and 120B, though no allegation of fund misappropriation was made. The petitioner argued that the FIR was filed after a nine‑year delay and that the only allegation concerned irregular supply of materials from a trader linked to the then Mukhiya, who had already obtained anticipatory bail. The State opposed the bail application. The Court, considering the facts and the delay, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious charges under the IPC.
- Whether the nine‑year delay in filing the FIR warrants denial of bail.
- Whether the alleged irregularities, absent any allegation of misappropriation, justify denial of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 120B, 406, 409, 419, 420, 467, 468
Subjects
- anticipatory bail
- Indian Penal Code
- Criminal Procedure Code
- Panchayat irregularities
- delay in FIR
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8020 of 2026
Arising Out of PS. Case No.-175 Year-2025 Thana- MORKAHI District- Khagaria
======================================================
Lalan Kumar Son of Late shubhuklal yadav Resident Of Village-
Chandranagar Near Electricity Grid, Ps- Muffasil, District -Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Mishra
For the Opposite Party/s : Mr.Madhura Nand Jha
======================================================
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 406, 409, 419, 420,
467, 468 and 120B of the Indian Penal Code.
3. The allegation in the F.I.R. is that the accused
persons including this petitioner committed irregularities in the
implementation of the various schemes of the Panchayat and
also in the construction of Panchayat Sarkar Bhawan.
4. Learned counsel for the petitioner submits that the
present case relates to an incident of the year 2016 for which an
F.I.R. has been lodged, after more than nine years, in the year
2025. He further submits that petitioner was Panchayat
Secretary at the relevant time and there is no allegation of any
misappropriation or embezzlement of fund against him, rather
Patna High Court CR. MISC. No.8020 of 2026(2) dt.20-02-2026
2/2
the allegation is confined to irregularity in the supply of
materials, which was taken from one Shadab Traders, who
happens to be son of the then Mukhiya of said panchayat
namely Mustari Begam. He further submits that Mustari Begam
has already been granted anticipatory bail by a coordinate
Bench of this Court, vide order dated 04.02.2026 passed in
Cr.Misc. No. 7616 of 2026.
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 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
A.C.J.M. 1st, Khagaria in connection with Morkahi P.S. Case
No. 175 of 2025, 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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