Patna High Court
Lalu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted regular bail to the petitioner subject to a bond of Rs.10,000 with two sureties and a condition for cancellation if he commits a similar offence.
Summary
Lalu Kumar was arrested in connection with a case under Sections 25(1‑B)(a), 26 and 35 of the Arms Act after a police patrol recovered a pistol, live cartridges and a mobile phone from his possession. He filed an application for regular bail, claiming innocence, alleging that the procedure under Section 103 of the B.N.S.S. was not followed, and emphasizing his lack of prior criminal record and willingness to cooperate with the trial. The State opposed the bail. The Court considered the nature of the offence, the procedural claim, and the petitioner’s antecedents, and ordered that bail be granted on a bond of Rs.10,000 with two sureties, subject to cancellation if he commits a similar offence in the future. The application was allowed.
Issues considered
- Whether bail should be granted in a case involving possession of an illegal firearm under the Arms Act.
- Whether the alleged non‑compliance with Section 103 of the B.N.S.S. warrants the grant of bail.
- Whether the petitioner’s clean antecedent record and cooperation affect the bail decision.
Legislation cited
- Arms Act, 1959 — s. 25(1‑B)(a), 26, 35
- B.N.S.S. Act — s. 103
Subjects
- regular bail
- Arms Act
- firearm possession
- procedural lapse
- surety
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1780 of 2026
Arising Out of PS. Case No.-371 Year-2025 Thana- SISWAN District- Siwan
======================================================
Lalu Kumar S/o Rama Shankar Mahto Resident of Village - Noniyadih
Hasanpura, P.S - M. H Nagar, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Kumari Anupam, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 21-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Siswan P.S. Case No.
371 of 2025 registered for the offences punishable under
Sections 25(1-B)(a) 26, 35 of the Amrs Act.
3.As per the prosecution case, the informant, while on
routine patrolling and vehicle-checking duty, observed three
persons riding a motorcycle coming from Rasulpur. On seeing
the police party, they attempted to flee, but were apprehended
with the assistance of police personnel. Upon search, one
country-made pistol, two live cartridges, and one mobile phone
Patna High Court CR. MISC. No.1780 of 2026(3) dt.21-04-2026
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were recovered from the conscious possession of the petitioner.
Additionally, mobile phones were recovered from the
possession of the co-accused persons.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It has also been submitted that the procedure
prescribed under Section 103 of the B.N.S.S. has not been
followed. The charge sheet has been filed in this case and the
petitioner is ready to co-operate in the trial. Lastly, it has been
submitted that the petitioner has got no criminal antecedent and
is in the custody since 17.10.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the
parties, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned Court concerned, Siwan, in connection with Siswan P.S.
Case No. 371 of 2025, subject to the following condition(s):-
(i) If the petitioner’s involvement is
found in similar nature of offence in the future, the
prosecution will be at liberty to move for
cancellation of the bail bonds of the petitioner.
Patna High Court CR. MISC. No.1780 of 2026(3) dt.21-04-2026
3/3
7. The application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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