Laljee Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27274 of 2026 Arising Out of PS. Case No.-133 Year-2026 Thana- CHAPRA TOWN District- Saran ====================================================== Laljee Prasad Son of Chhotan Prasad @ Chotan Prasad Resident of VillageMouna Pakari Barka Duara, P.S.- Chapra Town, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Yugal Kishore, Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-04-2026 Heard Mr. Yugal Kishore, learned counsel for the petitioner and Mr. Anil Kumar, learned Additional Public Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since 02.03.2026 in connection with Chapra Town P.S. Case No. 133 of 2026, for the offences punishable under Sections 126(2), 115(2), 118(1), 117(2), 109, 76, 351(2), 352, 3(5) of Bhartiya Nyaya Sanhita, 2023.
3. According to prosecution case, in the backdrop of petty feud of closing the window, the altercation took place and in consequence thereof, the petitioner and other accused persons surrounded the informant and assaulted him on his head whereas co-accused Munna Kumar is said to have assaulted with sword as a result of which, the informant sustained injury.
2/4 While the other family members came to rescue, they were also assaulted.
4. Learned counsel for the petitioner submits that from perusal of the FIR, it appears that due to land dispute, the present occurrence took place. Due to passage of road, free-fight took place between the parties and in the occurrence, both side received injuries. The present case is counter blast of Chapra Town P.S. Case No. 96 of 2026 lodged by the petitioner against the informant and others. The petitioner has also lodged Chapra Town P.S. Case No. 281 of 2025 against the informant and others. It is further submitted that a Title Suit being T.S. No. 1059 of 2024 is also going on between the parties. Although there is allegation in the FIR against the petitioner to assault the informant and his cousin Pritam as a result of which, both persons have received injuries. Perusal of the injury report shows the injury grievous in nature but the injury received by the informant is on non-vital part of the body and the petitioner is in custody since 02-03-2026.
5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner and submits that the petitioner carries five more criminal antecedents other than the present one but fairly submits that out of five cases, the
3/4 petitioner is on bail in four cases and one case is pending before the competent court of jurisdiction.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Chapra Town P.S. Case No. 133 of 2026, with the following conditions: i. The petitioner 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner 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 petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the
4/4 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) A.K.V.//- U T