Patna High Court
Lalan Yadav @ Lal RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioner, Lalan Yadav, was implicated in an FIR alleging that he stabbed an informant, with charges under Sections 126(2), 118(1), 109, 303(2) and 3(5) of the Bharatiya Nyaya Sanhita. He applied for anticipatory bail, asserting his innocence, that the injuries were simple, and that he has a clean antecedent. The State and the informant opposed the bail. The Court examined the seriousness of the accusations, the nature of the injury and the petitioner’s clean record, and concluded that these factors warranted the grant of anticipatory bail. Accordingly, the Court ordered that if arrested, the petitioner must surrender within eight weeks, furnish a bail‑bond of Rs.10,000 with two sureties, and comply with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The bail was thus granted subject to the stipulated conditions.
Issues considered
- Whether anticipatory bail can be granted in a case involving offences under the Bharatiya Nyaya Sanhita.
- Whether the nature of the alleged injury and the petitioner’s clean antecedent justify the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 118(1), 126(2), 303(2), 3(5)
Subjects
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- clean antecedent
- injury
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90503 of 2025
Arising Out of PS. Case No.-306 Year-2025 Thana- RIGA District- Sitamarhi
======================================================
Lalan Yadav @ Lal Rai S/O Subansh Rai Resident of Village- Kusumpur
Bakhari, P.S.- Riga, Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, A.P.P.
For the Informant : Mr. Devendra Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 24-03-2026 Heard learned counsel for the petitioner, informant
and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 126(2), 118(1), 109,
303(2), 3(5) of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., this petitioner is alleged to have
stabbed informant with knife, on different body parts.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Injury,
allegedly, caused by this petitioner is simple in nature. Petitioner
claims clean antecedent.
5. Learned A.P.P. for the State as well as learned
counsel for the informant vehemently opposed the bail
Patna High Court CR. MISC. No.90503 of 2025(3) dt.24-03-2026
2/2
application.
6. Considering backdrop of the case, nature of
accusation, injury and clean antecedent, this anticipatory bail is
allowed and it is ordered that let the above named petitioner in
the event of his arrest/surrender before the court below within a
period of eight weeks from today, 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 Additional
Chief Judicial Magistrate I, Sitamarhi in connection with Riga P.
S. Case No. 306 of 2025, subject to condition as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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