Patna High Court
Lallu @ Hiralal Sahni @ Lalu SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
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
- Bhartiya Nagrik Suraksha Sanhita — s. 103(1), 109, 115(2), 126(2), 190, 191(2), 191(3), 482, 74
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
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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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