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Patna High Court

Lallu @ Hiralal Sahni @ Lalu SahniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail was denied for petitioner Lallu but granted to petitioner Parwati with conditions under Section 482 of the B.N.S., 2023.

Summary

The petitioners, Lallu @ Hiralal Sahni and Parwati Devi, were implicated in a murder case arising from an alleged assault on the informant's husband with an iron rod, resulting in death. They sought anticipatory bail, claiming false implication, a seven‑day delay in filing the FIR, and clean antecedents. The State opposed bail, emphasizing Lallu's alleged direct involvement in the assault. The Court rejected anticipatory bail for Lallu but, noting the lack of specific overt acts against Parwati and her gender, granted her bail on condition of surrender within eight weeks and furnishing a bail bond of Rs.10,000 with two sureties, under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. The application was disposed of with the partial bail order.

Issues considered

  • Whether anticipatory bail should be granted to the accused under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 in view of the alleged offences.
  • Whether the evidence against each petitioner justifies denial or grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 482
  • criminal procedure
  • assault
  • homicide
  • false implication
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87657 of 2025
                    Arising Out of PS. Case No.-220 Year-2024 Thana- HATHAURI District- Muzaffarpur
                 ======================================================
           1.     Lallu @ Hiralal Sahni @ Lalu Sahni S/o- Chandeshwar Sahni Village-
                  Bishambharpatti PS- Hathauri District- Muzaffarpur
           2.     Parwati Devi D/o- Chandeshwar Sahni Village- Bishambharpatti PS-
                  Hathauri District- Muzaffarpur
                                                                      ... ... Petitioner/s
                                                 Versus
                 The State of Bihar                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ravi Ranjan
                 For the Opposite Party/s :       Mr.Vinod Shanker Modi
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   10-02-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence under Sections 103(1), 191(2), 191(3),

                   190, 126(2), 115(2), 109 and 74 of the B.N.S., 2023.

                                3. As per the prosecution case, the petitioners along

                   with other accused persons assaulted husband of informant with

                   iron rod, khanti and lathi, on account of which, during

                   treatment, he died.

                                4. Learned counsel for the petitioners submits that

                   both parties are co-villagers and due to prior dispute with

                   informant’s family, petitioners have been falsely implicated in

                   this case. There is delay of seven days in lodging the F.I.R.

                   Some of the co-accused have been granted anticipatory bail by

                   this Court, vide order dated 14.11.2025 passed in Cr.Misc. No.

                   50119 of 2025. Petitioners claim clean antecedent.
           Patna High Court CR. MISC. No.87657 of 2025(2) dt.10-02-2026
                                                       2/2




                                  5. However, learned A.P.P. for the State vehemently

                     opposes bail petition and submits that petitioner no. 1 Lallu @

                     Hiralal Sahni @ Lallu Sahni is one of the assailant of the

                     deceased and he is alleged to have assaulted on the head of

                     deceased with iron rod.

                                  6. Considering the same, the prayer for anticipatory

                     bail of petitioner no. 1 is rejected.

                                  7. However, considering the fact that petitioner no. 2

                     Parwati Devi is lady and no specific overt act has alleged

                     against her, in the event of her arrest/surrender within a period

                     of eight weeks from today, she is directed to be enlarged on bail

                     on furnishing bail-bonds of Rs. 10,000/- (ten thousand) with two

                     sureties of the like amount each to the satisfaction of learned

                     J.M. 1st Class, Muzaffarpur in connection with Hathauri P.S.

                     Case No. 220 of 2024, subject to condition as laid down under

                     Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

                                  8. This application is, accordingly, disposed of.



                                                        (Prabhat Kumar Singh, J)
anay

U      T


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