Patna High Court
Lal Babu ShahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner on the ground of a general, non‑specific accusation and his clean antecedents.
Summary
Lal Babu Shah was named as an accused in a mob lynching case (Case No. 126 of 2025) under Sections 190, 191(1), 191(2), 103(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that a crowd, including several unnamed persons, beat a man to death after he intruded into a co‑accused's house. The petitioner contended that he had no specific allegation of an overt act against him and was implicated merely because he is a co‑villager of other accused, asserting his clean antecedents. The State opposed his prayer for anticipatory bail. The Court, noting the general and omnibus nature of the accusation and the petitioner's clean record, granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, with conditions under Section 482(2) of the B.N.S.S. The order remains effective for eight weeks from the date of the order.
Issues considered
- Whether anticipatory bail should be granted when the accusation against the petitioner is general and omnibus with no specific allegation of an overt act.
- Whether the petitioner's clean antecedents justify the grant of anticipatory bail under Section 482(2) of the Bharatiya Nyaya Sanhita.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 103(1), 190, 191(1), 191(2), 3(5), 482(2)
Subjects
- anticipatory bail
- mob lynching
- general accusation
- clean antecedents
- Bharatiya Nyaya Sanhita
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90023 of 2025
Arising Out of PS. Case No.-126 Year-2025 Thana- KARJA District- Muzaffarpur
======================================================
Lal Babu Shah S/o- Bhikhar Shah R/v- Pakri Pakohi Ps- Karja Dist-
Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Mukund Mohan Jha, Advocate
For the State : Ms. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 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 Sections 190,
191(1), 191(2), 103(1) and 3(5) of the Bharatiya Nyaya Sanhita,
2023.
3. As per prosecution case, on the alleged date and
time of occurrence, informant received informant that all 8
F.I.R. named, including this petitioner and about 50 to 60
unknown accused persons are committing mob lynching. On
getting the information, the informant, Sub-Inspector of Police
of Karja P.S., along with other police personnel, reached at the
house of petitioner and found a person lying dead in semi-naked
Patna High Court CR. MISC. No.90023 of 2025(2) dt.10-02-2026
2/3
condition. On inquiry, the informant came to know that
deceased had intruded into the house of co-accused Shambhu
Sah whereafter an alarm was raised and all the accused persons
caught hold of that person and a crowd of villagers assembled
there and they all beaten him to death
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. From bare perusal of the F.I.R. it is
apparent that specific accusation of assault is against co-accused
Suraj Kumar and Bhuchul Chaudhary. So far as this petitioner is
concerned, there is general and omnibus accusation and no
specific accusation of overt act has been alleged against this
petitioner. As a matter of fact, petitioner has been made an
accused in this case merely because he happens to be co-villager
of other co-accused persons. 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 and clean
antecedents of the petitioner, the prayer for grant of anticipatory
Patna High Court CR. MISC. No.90023 of 2025(2) dt.10-02-2026
3/3
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 Judicial Magistrate 1st Class,
Muzaffarpur in connection with Karja P.S. Case No. 126 of
2025, subject to condition as laid down under Section 482(2) of
the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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