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Patna High Court

Lalit Kumar @ Lalit Kumar YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner.

Summary

Lalit Kumar Yadav sought anticipatory bail after learning that he might be arrested in a case under Section 394 of the B.N.S. The prosecution alleged that while an informant was transporting pigs, three armed men looted his mobile phones, documents and van. The petitioner was not named in the FIR; his name surfaced only through a co‑accused’s confessional statement and no incriminating material was found in his possession. The petitioner asserted his innocence and clean antecedents. The court, noting the lack of substantive evidence, the general nature of the accusation, and the petitioner’s clean record, granted anticipatory bail subject to a bail bond of Rs 10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted when the only basis for implicating the petitioner is a co‑accused’s confessional statement and no other material evidence exists

Legislation cited

Subjects

  • anticipatory bail
  • confessional statement
  • lack of evidence
  • clean antecedents
  • Section 394
  • Section 482
  • criminal procedure
  • bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84324 of 2025
                       Arising Out of PS. Case No.-24 Year-2024 Thana- Narhiya District- Madhubani
                 ======================================================
                 Lalit Kumar @ Lalit Kumar Yadav S/o Amar Kumar Yadav R/o Village -
                 Mahadeva, P.S - Laukahi, District - Madhubani

                                                                                    ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Madhav Kumar, Advocate
                 For the State            :        Mr. Ram Anurag Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

5   28-04-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 394 of the

                   B.N.S..

                                3. As per prosecution case, while informant was going

                   to deliver pigs from Simrahi to Chapra along with his

                   companion, in the meantime, three unknown armed miscreants

                   intercepted them and looted their mobile phones, documents and

                   pick up van and fled away.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. Petitioner is not named in the F.I.R..
Patna High Court CR. MISC. No.84324 of 2025(5) dt.28-04-2026
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          Name of petitioner transpired in this case during investigation

          only on the basis of confessional statement of co-accused

          person. Save and except confessional statement, there is no

          other material on record to show the complicity of this petitioner

          in the alleged offence. No looted article has been recovered

          from possession of this petitioner. Petitioner claims clean

          antecedents.

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

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation, fact that no

          incriminating article has been recovered from possession of this

          petitioner and clean antecedents of the petitioner, the prayer for

          grant of anticipatory bail to the petitioner is allowed.

                        7. Accordingly, 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, Jhanjharpur,

          Madhubani in connection with Narhiya P.S. Case No. 24 of

          2024, subject to condition as laid down under Section 482(2) of
             Patna High Court CR. MISC. No.84324 of 2025(5) dt.28-04-2026
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                       the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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