Lallu Kumar @ Anshu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4191 of 2026 Arising Out of PS. Case No.-228 Year-2025 Thana- SHEKHPURA District- Sheikhpura ====================================================== 1.
Lallu Kumar @ Anshu Kumar S/O Santoshi Prasad @ Santoshi Ram @ Santosh Prasad R/O Village- Girihinda, P.S- Sheikhpura, Distt.- Sheikhpura. 2.
Anshul Kumar @ Anshu Kumar S/O Munna Kumar R/O Village- Girihinda, P.S- Sheikhpura, Distt.- Sheikhpura.
3.
Raja Kumar @ Vittu Kumar S/O Ajay Ram R/O Village- Girihinda, P.SSheikhpura, Distt.- Sheikhpura. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Nandan Prasad, Advocate :
Ms. Sweta Burnwal, Advocate For the Opposite Party/s :
Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-02-2026 Heard Mr. Sheo Nandan Prasad, learned counsel for the petitioners and Mr. Anand Kishore Choudhary, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Sheikhpura P.S. Case No.228 of 2025, F.I.R. dated 13.08.2025 for the offences punishable under Sections 115(2), 128(2), 303(2), 109, 352, 351(2), 34 of BNS.
3. According to prosecution case, the informant alleged that when he was returning to his home by his motorcycle and reached near Maurya hotel, the petitioner along with other co-accused persons came and stopped him and asked
2/4 him to give whatever he had and upon refusal, the accused persons assaulted him by means of iron rod and lathi and looted Rs.10,000/- from his pocket and snatched gold locket from his neck and also took away his motorcycle.
4. Learned counsel for the petitioners submits that petitioners are innocent and they have falsely been implicated in the present case. From bare perusal of the FIR it appears that specific allegation is attributed against co-accused person, namely, Saurav Kumar and Gaurav kumar and there is no specific allegation of assault or overt act against these petitioners rather the allegation attributed against all the accused persons including the petitioners are general and omnibus in nature and injury inflicted upon the informant is simple in nature.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners on the ground that the petitioner no.1 carries one criminal antecedent in which he is on bail and petitioner no.2 and 3 have clean antecedent.
6. Considering the aforesaid facts and circumstances and the fact that there is no specific allegation of assault or overt act against the petitioners and injury inflicted upon the
3/4 informant is simple in nature, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Sheikhpura in connection with Sheikhpura P.S. Case No.228 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the 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
4/4 cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T