Patna High Court
Lalit Kumar @ Lalit Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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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