IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2026 (Arising out of Special Leave Petition (Crl.) No. 178/2026)
LALU THAKUR @ LALU KUMAR APPELLANT(S)
VERSUS
STATE OF BIHAR RESPONDENT(S)
O R D E R
Heard.
2. Leave granted.
3. The appellant apprehending his arrest in a charge-sheet which has been filed
pursuant to the registration of the First Information Report No.375/2022 for the
offences punishable under Sections 147, 148, 149, 120(B), 34, 302 of the Indian Penal
Code, 1860 (“the IPC”) read with Section 27 of the Arms Act, is seeking anticipatory
bail.
4. The complainant Mr. Prashant Singh in the F.I.R. loged alleged that accused
Nos.1-6, under a conspiracy, have shot his younger brother Nishant Singh for the sake
of non-payment of outstanding amount. It is alleged in the F.I.R. that accused Nos.9
and 10 and others are also involved in the said incident. However, there was no
specific role or motive attributed to the petitioner (accused No.9) in the F.I.R. During
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the course of investigation, the Investigating Officer (“for short, the I.O.”) found no
incriminating material against the petitioner and as such, did not charge-sheet him,
while other accused were charge-sheeted. Despite the same, the learned Magistrate
disagreed with the police report and took congnizance under Section 190 of the Code
of Crimin...