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Patna High Court

Lalu KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Bail was denied, with permission to renew the application after six months if the trial remains incomplete.

Summary

The petitioner, Lalu Kumar, sought bail in a case registered as Sultanganj P.S. Case No.254 of 2024, which alleged his involvement in a murder and related offences under Sections 326, 307/34 of the Indian Penal Code and Sections 25(1‑b)a, 26 and 27 of the Arms Act. The trial court had earlier rejected his bail application on 17‑03‑2025 but allowed a renewal after six months if the trial remained pending. By the time of the hearing, only four of the eleven charge‑sheet witnesses had been examined, and the FIR directly implicated the petitioner as the main assailant who fired at the deceased, causing fatal injuries. The High Court, after considering the seriousness of the charges and the stage of trial, declined to grant bail at that juncture, directing the trial court to expedite the proceedings, possibly through a calendar trial. The petitioner was permitted to file a fresh bail application after six months if the trial was still ongoing.

Issues considered

  • Whether bail can be granted to an accused charged with murder, attempt to murder and offences under the Arms Act at the intermediate stage of trial.

Legislation cited

Subjects

  • bail
  • murder
  • attempt to murder
  • Arms Act
  • trial delay
  • calendar trial
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18631 of 2026
                   Arising Out of PS. Case No.-254 Year-2024 Thana- SULTANGANJ District- Bhagalpur
                 ======================================================
                 Lalu Kumar S/o Sikandar Tanti R/o Village - Nawada, P.S - Sultanganj,
                 District - Bhagalpur

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ashutosh Kumar, Advocate
                 For the Opposite Party/s :      Mr. Khurshid Anwar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

3   01-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Sultanganj P.S. Case No.254 of 2024 registered for the

                   offence punishable under Sections 326, 307/34 of the Indian

                   Penal Code and under Sections 25(1-b)a, 26 and 27 of the Arms

                   Act.

                                3. Learned counsel for the petitioner has submitted

                   that earlier the bail petition of this petitioner was rejected vide

                   order dated 17.03.2025 with a liberty to renew his prayer for

                   bail after six months if the trial is not concluded.

                                4. Learned counsel for the petitioner has submitted

                   that stage of trial has been called for from the learned trial court

                   and from perusal of the same it appears that out of 11
            Patna High Court CR. MISC. No.18631 of 2026(3) dt.01-05-2026
                                                        2/2




                      chargesheet witnesses, altogether 4 witnesses have been

                      examined.

                                   5. From perusal of the FIR it is clear that there is

                      direct allegation against the petitioner that he has fired at the

                      deceased due to which the deceased sustained gunshot injury in

                      his stomach and succumbed to the injuries. Petitioner is the

                      main assailant and he is having direct allegation of firing at the

                      deceased.

                                   6. Considering the above facts and circumstances of

                      the case, I am not inclined to grant bail to the petitioner, at this

                      stage, however, he may renew his prayer for bail after six

                      months if the trial is not concluded. Learned trial court is

                      directed to expedite the trial within the said period. Learned trial

                      court is further directed that for expediting the trial of this

                      petitioner, he may conduct calendar trial of this case.



                                            (Ashok Kumar Pandey, J)
durgesh/-

U      T


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