Lalan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12968 of 2026 Arising Out of PS. Case No.-270 Year-2025 Thana- DERNI BAZAR District- Saran ====================================================== 1.
Lalan Sah S/o Bishwanath Sah R/o vill - Katiya, P.S.- Derni, Distt.- Saran at Chapra 2.
Dinesh Sah @ Dinesh Kumar Sah S/o Lalan Sah R/o vill - Katiya, P.S.- Derni, Distt.- Saran at Chapra 3.
Golu Sah @ Golu Kumar Sah S/o Lalan Sah R/o vill - Katiya, P.S.- Derni, Distt.- Saran at Chapra 4.
Mithilesh Kumar @ Mithilesh Kumar Sah S/o Lalan Sah R/o vill - Katiya, P.S.- Derni, Distt.- Saran at Chapra 5.
Deepak Kumar @ Deepak Kumar Gupta S/o Lalan Sah R/o vill - Katiya, P.S.- Derni, Distt.- Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Kumar Yadav, Advocate For the State :
Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 26-02-2026 Heard Mr. Dinesh Prasad Verma, learned counsel for the petitioner and learned APP representing the State.
2. The petitioners are apprehending their arrest in connection with Derni P.S. Case No. 270 of 2025 registered for the offence under Sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2), 351(3) and 3(5) of the B.N.S., lodged on 01.12.2025 by the informant, Anish Kumar.
3. As per the prosecution story, the informant alleged that there was a wedding next to the informant's house and on
2/4 the small issue of cracking of the jokes, altercation took place which followed the assault. Dinesh Kumar and Deepak Kumar assaulted the informant and his family members causing injuries. This led to the F.I.R..
4. Learned counsel for the petitioner submits that with the help of Annexure-P/3 submits that the injuries of both Rakesh Yadav and Anish Kumar have been found to be simple in nature, none of the petitioners have criminal antecedent, entire family members have been made accused and there is counter case too.
5. Learned APP opposes the prayer submitting that the role of Deepak and Dinesh can be singled out.
6. Considering the submissions of the parties as also the fact that the injuries have been found to be simple in nature, they do not have criminal antecedent, there is a case and counter case, in that background, this Court is inclined to extend them the privilege of anticipatory bail.
7. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned 12th Additional Sessions Judge, Saran at
3/4 Chapra, in connection with Derni P.S. Case No. 270 of 2025 subject to the following conditions:- (i) one of the bailor should be the family member/relative of the petitioners who shall provide official document (Aadhar Card/Voter Id/Driving License/Pan Card) to show his/her bona fide;
(ii) the petitioners shall be appearing before the Police Station as and when required for cooperating in the investigation;
(iii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her bail bond by the Trial Court itself; (iv) the petitioners shall appear before the concerned police station every month for next six months to mark his attendance and at the end of the period a certificate be submitted before the Trial Court failing which the State shall be at liberty to take steps for cancellation of bail bonds; (v) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
4/4 (vi) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T