Patna High Court
Lalu KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- ASHOK KUMAR PANDEY
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
- Arms Act — s. 25(1-b)a, 26, 27
- Indian Penal Code — s. 307, 326, 34
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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