Patna High Court
LALAN @ LALIT YADAV @ LALIT KUMARversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
Pre‑arrest bail may be granted only if the District Court, after receiving the injury report, finds the injuries simple, not on vital parts, and not attributable to the petitioners; otherwise the accused must be taken into custody.
Summary
The petitioners, five accused persons, sought pre‑arrest bail in a case registered under Sections 191(2), 190, 126(2), 115(2), 74, 117(2), 109 and 303 of the BNS for allegedly assaulting an informant and her family with intent to kill. The State opposed bail, pointing out that the injury report of a victim, Sanjay Yadav, had not been produced by the Patna Medical College and Hospital. The Court directed the Superintendent of PMCH to forward the injury report to the concerned District Court within a week and instructed the District Court to verify the nature of the injuries and the petitioners’ criminal antecedents. If the injuries are simple, not on vital parts, and not attributable to the petitioners, they are to be released on bail with conditions; if grievous, they are to be taken into custody. The bail application was therefore disposed, pending the District Court’s verification of the injury report and antecedents.
Issues considered
- Whether pre‑arrest bail can be granted when the alleged offences involve assault causing bodily injury.
- Whether the production of the victim’s injury report is a prerequisite for granting bail.
- Whether the petitioners’ criminal antecedents affect the grant of bail.
- Whether the bail order can be conditioned on verification by the District Court.
Subjects
- pre‑arrest bail
- assault
- injury report
- criminal antecedent
- conditional bail
- district court verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9680 of 2026
Arising Out of PS. Case No.-431 Year-2025 Thana- Arwal District- Arwal
======================================================
1. LALAN @ LALIT YADAV @ LALIT KUMAR S/o Krishna Yadav
2. Manish Kumar S/o Lalit Kumar @ Lalan @ Lalit Yadav
3. Sunny Kumar @ Shami Prakash S/o Lalit Kumar @ Lalan @ Lalit Yadav
4. Suraj Kumar @ Nirala @ Suraj Prakash S/o Lalit Kumar @ Lalan @ Lalit
Yadav
5. Raja Yadav @ Raja Kumar @ Raj Kumar S/o Lalit Kumar @ Lalan @ Lalit
Yadav
All are R/o vill - Neyaz Hussain Bigha, P.S.- Arwal, Distt. - Arwal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binay Kumar Singh, Advocate
For the Opposite Party/s : Ms.Madhuri Lata, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 06-05-2026 Heard Mr. Binay Kumar Singh, learned counsel
appearing on behalf of the petitioners and Ms.Madhuri Lata,
learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Arwal P.S. Case No. 431 of 2025 registered for the
offence(s) punishable under Sections 191(2), 190,
126(2),115(2),74,117(2),109,303 of the BNS.
3. As per the allegations made in the FIR, the accused
persons named therein, including the petitioners, are alleged to
have assaulted the informant and her family members with an
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intention to kill. The specific allegation against petitioner no. 1,
Lallan @ Lalit Yadav, is that he grabbed the informant by the
hair and threw her to the ground. The allegations against
petitioner nos. 2 and 3, namely Manish Kumar and Sunny
Kumar, are that they assaulted the informant and her son on the
head, causing head injuries. Further, the allegation against
petitioner nos. 4 and 5, namely Suraj Kumar and Raja Yadav, is
that they assaulted Upendra Yadav and Sanjay Yadav on the
head, thereby causing head injuries.
4. Learned counsel appearing on behalf of the
petitioners submitted that the petitioners are innocent and have
been falsely implicated in the present case. It is further
submitted that there is a case and counter-case between the
parties, and the petitioners have clean antecedents. On these
grounds, the petitioners seek to be released on pre-arrest bail.
5. Learned APP appearing on behalf of the State
vehemently opposed the prayer for grant of pre-arrest bail and
submitted that the injury report in respect of injured Sanjay
Yadav, son of Ram Yaodhya Yadav, resident of Prasadi English,
P.S. Arwal, who was admitted on 29.11.2025 in Patna Medical
College and Hospital (PMCH) in connection with Arwal P.S.
Case No. 431 of 2025, has not yet been forwarded by the
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PMCH.
6. Having heard the rival submissions made on behalf
of the parties, the Superintendent, PMCH is directed to
forthwith transmit the injury report of the said Sanjay Yadav to
the learned District Court concerned within a period of one
week from the date of receipt of this order. In the event, the
learned District Court don’t receive the injury report within the
stipulated time, it shall forthwith bring the same to the notice of
this Court, so that appropriate action may be taken for delay in
the adjudication of the anticipatory bail application of the
petitioners. The learned District Court shall verify the injury
report, and if it is found that the injuries are simple in nature
and not on any vital part of the body, and are not
attributable to the petitioners, then in that case, the
petitioners are directed to be released on pre-arrest bail on
such terms and conditions as the learned District Court deems it
fit and proper.
7. However, in respect of any of the petitioners
against whom the overt acts are found to have resulted in
grievous injury, then in that case, he/they shall be taken into
custody forthwith by the Investigating Officer.
8. The learned District Court is directed to verify the
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criminal antecedent of the petitioners and if it is found that the
petitioners are involved in some other cases, as what has been
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
9. Since the order has been passed in the open
Court, learned counsel appearing on behalf of the State shall
forthwith communicate the present order to the
Superintendent, PMCH even before the order is
pronounced.
10. The bail application, accordingly, stands disposed
of.
11. Let a copy of this order be communicated to the
Superintendent, PMCH forthwith for compliance.
(Purnendu Singh, J)
Sanjay/-
U T
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