Patna High Court
Dilu Lal Hal @ Sandeep Kumar BithalversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SANDEEP KUMAR
Holding
The Court held that anticipatory bail is to be granted to the petitioners subject to strict conditions, including verification of a clean criminal antecedent and cancellation on repeat offence.
Summary
The petitioners, Dilu Lal (alias Sandeep Kumar Bithal) and Deepak (alias Sanjay Kumar), sought anticipatory bail fearing arrest in a case (Vishnupad P.S. No.240 of 2025) filed under multiple sections of the Bharatiya Nyaya Sanhita for allegedly assaulting an informant who suffered a simple injury. They pleaded innocence and asserted no prior criminal record, while the State opposed the bail on the ground of the seriousness of the alleged offences. The Court examined the facts, the nature of the allegations, and the petitioners’ claim of a clean antecedent. It granted anticipatory bail conditioned on a bail bond of Rs 10,000 each with two sureties, verification of criminal antecedent by the lower court, and automatic cancellation if the petitioners commit a similar offence. The order also invoked the inherent powers of the court under Section 482 of the BNSS and the provisions of Section 438(2) of the Code of Criminal Procedure, 1973.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita in view of the alleged assault.
- Whether the alleged simple injury to the informant justifies denial of bail.
- Whether the petitioners’ criminal antecedent, if any, should affect the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115, 126, 190, 191, 303, 351, 352, 482
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- anticipatory bail
- assault
- criminal antecedent
- Bharatiya Nyaya Sanhita
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88015 of 2025
Arising Out of PS. Case No.-240 Year-2025 Thana- VISHNUPAD District- Gaya
======================================================
1. Dilu Lal Hal @ Sandeep Kumar Bithal Son of Late Bachan Lal Hal @
Bachan Lal Bithal Resident of Village- Mangla Gauri, Mehandi Bigha,
Chand Chaura, P.S.- Vishnupad, District- Gaya
2. Deepak Hal @ Sanjay Kumar Son of Late Sonu Lal Resident of Village-
Mangla Gauri, Mehandi Bigha, Chand Chaura, P.S.- Vishnupad, District-
Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh, Advocate
For the State : Mr.Syed Ehteshamuddin, APP
For the Informant : Mr. Rabindra Kumar, Advocate
Mr. Priyadarshi, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners; learned
A.P.P. for the State and learned counsel for the informant.
2. The petitioners apprehend arrest in connection
with Vishnupad P.S. Case No. 240 of 2025 instituted under
Sections 191(2), 190, 126(2), 115(2), 352, 351(2) 303(2) and
109 of the Bharatiya Nyaya Sanhita.
3. The allegation against the petitioners are of
assaulting the victim.
4. Learned counsel for the petitioners submits that
the petitioners are innocent and have been falsely implicated in
this case. The petitioners have no criminal antecedent.
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5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. The petitioners are said to have assaulted the
informant who has sustained simple injury.
7. Considering the facts and circumstances of the case
and submissions of learned counsel for the parties, in the event
of arrest or surrender before the Court below within six weeks
from today, the petitioners, above named, be released on bail
upon furnishing bail bonds of Rs.10,000/- (ten thousand) each
with two sureties of the like amount each to the satisfaction of
the learned Additional Chief Judicial Magistrate-VI, Gaya/
concerned Court in connection with Vishnupad P.S. Case No.
240 of 2025, subject to the conditions laid down in Section 482
of the BNSS/ 438(2) of the Code of Criminal Procedure, 1973.
8. At the time of accepting bail bonds of the
petitioners, the Court below will verify the criminal antecedent
of the petitioners. If it is found that the petitioners have criminal
antecedent, the Court below shall not accept the bail bonds of
the petitioners and if it is found that the petitioners have clean
antecedent, their bail bonds shall be accepted by the Court
below.
9. It is also made clear that, in future, if the petitioners
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indulges themselves in similar offence then their bail bonds
shall be cancelled automatically.
(Sandeep Kumar, J)
P. Kumar
U T
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