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Patna High Court

Dilu Lal Hal @ Sandeep Kumar BithalversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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.
Patna High Court CR. MISC. No.88015 of 2025(2) dt.15-01-2026
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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
           Patna High Court CR. MISC. No.88015 of 2025(2) dt.15-01-2026
                                                       3/3




                     indulges themselves in similar offence then their bail bonds

                     shall be cancelled automatically.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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