Patna High Court
Lakhindra DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court held that the petitioners are entitled to bail on condition of sureties and compliance with stipulated conditions.
Summary
Petitioners Lakhindra Das and Raj Kishor Das, who were in custody for alleged assault and other offences under several sections of the B.N.S., filed a bail petition. They contended that the case was fabricated amid a land dispute with the informant, who had previously assaulted them, and asserted they had a clean antecedent. The State opposed the bail. The court, after considering the submissions and the circumstances, ordered that bail be granted on a bond of Rs.10,000 each with two sureties, subject to conditions including presence in court, verification of antecedents, and possible cancellation for violations. The order emphasized that any observations made would not affect the trial. Consequently, the petition for bail was allowed.
Issues considered
- Whether the petitioners are entitled to bail despite the serious nature of the offences alleged under the B.N.S.
- Whether the land dispute and alleged falsehood of the case affect the bail decision
Legislation cited
- B.N.S. — s. 109, 115(2), 117(2), 118(1), 126(2), 3(5), 351(2), 352
Subjects
- bail
- criminal procedure
- assault
- land dispute
- B.N.S.
- surety bond
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91254 of 2025
Arising Out of PS. Case No.-23 Year-2025 Thana- KARJA District- Muzaffarpur
======================================================
1. Lakhindra Das S/o- Late Satya Narayan Das @ Satendra Das Resident of
Village- Bathna Dih PS- Karja Dist-Muzaffarpur
2. Raj Kishor Das S/o- Late Santu Das @ Santu Dar Resident of Village-
Bathna Dih PS- Karja Dist-Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satish Kumar Sinha, Advocate
For the Opposite Party/s : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 11-02-2026 Heard the learned counsel for the petitioners
and learned APP for the State.
2. Petitioners, who are in custody, seek bail in
connection with Karja P.S. Case No. 23 of 2025 registered
for the offences punishable under Sections 126(2), 115(2),
118(1), 117(2), 109, 352, 351(2) and 3(5) of the B.NS.
3. The allegation against the petitioners are that
they assaulted the informant and others by iron rod and
lathi and caused grievous injury.
4. The learned counsel for the petitioner
submitted that the present petitioners have falsely been
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implicated in the present case with false and concocted
story. It has been submitted that on account of such
incident, case and counter case were lodged by both the
parties and it was the informant who was the aggressor and
has objected to peaceful possession of the petitioners on
their land. It has next been submitted that the police after
investigation has submitted charge sheet in the cases
lodged by the petitioners as well as the informant. It has
further been submitted that the petitioner and the informant
are at loggerheads over a certain piece of land and even
earlier in the year of 2024, during the measurement of the
land of petitioner no. 2, the informant had brutally
assaulted the petitioner and two family members, for which
a case was lodged earlier. It has lastly been submitted that
the petitioners carry clean antecedent and they are in
custody since 11.09.2025.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid submission, facts
and circumstances of the case, let the petitioners, above
named, be released on bail on furnishing bail bond of Rs.
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10,000/- (Ten thousand) each with two sureties of the like
amount each to the satisfaction of the learned court below
where the case is pending/successor court in connection
with Karja P.S. Case No. 23 of 2025, subject to the
following conditions:-
(i) One of the bailors of the petitioners shall be
their close relative and the other shall be local resident.
(ii) The petitioners shall remain physically
present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates
or in violation of the terms of the bail, the bail bond of the
petitioners will be liable to be cancelled by the court
concerned.
(iv) If the petitioners are found involved in
similar nature of offence in future, the prosecution shall be
at liberty to move for cancellation of their bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioners and in case at any
stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
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acceptance of bail bonds in terms of the above-mentioned
order shall not be delayed for purpose of or in the name of
verification.
7. Accordingly, the prayer for bail is allowed.
8. It is made clear that the observation, if any,
made in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U
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