Patna High Court

Lalan DasversusThe State of Bihar

Decided: 20 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the BNSS 2023.

Summary

The petitioners, Lalan Das and his wife Giraja Devi, applied for anticipatory bail fearing arrest in a murder case involving the daughter of an informant, alleged to have been killed over dowry demands. The prosecution alleged that the petitioners, along with others, participated in the murder after the daughter married Ranjit Das and faced harassment. The petitioners contended they were merely over‑implicated, had no involvement in the family affairs, and possessed clean antecedents. The State opposed the grant of anticipatory bail. Considering the facts, the Court ordered that the petitioners be released on anticipatory bail if they surrender or are arrested within eight weeks, upon furnishing a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the BNSS 2023. The order thus conditionally protects the petitioners from immediate arrest while the investigation proceeds.

Issues considered

Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the BNSS 2023 in a murder case under Sections 80, 238 and 3(5) of the BNS.
Whether the allegations against the petitioners constitute sufficient ground to deny anticipatory bail.

Subjects

anticipatory bail
dowry death
murder
over‑implication
Section 482
bail conditions
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91814 of 2025
                 Arising Out of PS. Case No.-185 Year-2025 Thana- SHIKARGANJ District- East Champaran
               ======================================================
           1 . Lalan Das S/O Late Shiv Mangal Das Resident of Village- Ambariya, P.S.-
                Shikarganj, District- East Champaran
           2.    Giraja Devi W/O Lalan Das Resident of Village- Ambariya, P.S.- Shikarganj,
                 District- East Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pramod Kumar Prasad , Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   20-01-2026                           Heard learned counsel for these petitioners and

                   learned A.P.P. for the State .

                                2. The petitioners apprehend their arrest in a

                   complaint case punishable for the offence under Sections 80,

                   238 and 3 (5) of BNS.

                                3 . As per prosecution case , daughter of informant

                   was married with co-accused Ranjit Das and after the marriage ,

                   she was subjected to cruelty and harassment by all the accused

                   persons due to non-fulfillment of additional demand of dowry

                   and ultimately these petitioners along with other accused

                   persons committed the murder of informant’s daughter.

                                4. Petitioner No. 1 is bhabhi petitioner No. 2 is gotni
            Patna High Court CR. MISC. No.91814 of 2025(2) dt.20-01-2026
                                                        2/2




                      of the deceased. They are simply victims of over implications.

                      Allegation is general and omnibus against these petitioners.

                      They are separate in mess and property and got no concern with

                      the family affairs of deceased and her husband. It is further

                      orally submitted that thrust of accusation is against husband of

                      the deceased, who is already in custody . Petitioners claim clean

                      antecedent.

                                   5. Learned A.P.P. for the State vehemently opposed

                      the prayer for anticipatory bail of petitioner.

                                   6. However, considering the aforesaid facts and

                      circumstances, let the above named petitioners, in the event of

                      arrest/surrender within a period of eight weeks from today, be

                      enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten

                      thousand) each with two sureties of the like amount each to the

                      satisfaction of learned JM 1st Class, Sikarahana at Dhaka East

                      Champaran in connection with Shikarganj Case No. 185 of

                      2025 , subject to condition as laid down under Section 482 (2)

                      of BNSS 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T

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