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Patna High Court

Lavlesh KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner, finding the evidence insufficient to justify continued detention.

Summary

Lavlesh Kumar was arrested in connection with a case under Sections 25(1‑b)a, 26 and 35 of the Arms Act, based solely on confessional statements of co‑accused Guddu Kumar and Ram Ratan Yadav, from whose possession live cartridges were recovered. No weapon or ammunition was found on the petitioner and he claims innocence, citing his clean record and that he has been in judicial custody since 2 January 2026. The State opposed bail, while the petitioner’s counsel argued that the co‑accused’s statements are insufficient for continued detention and that a co‑accused (Guddu Kumar) had already been granted bail. After hearing both sides, the Court found the petitioner’s case stronger and ordered his release on bail upon furnishing a bond of Rs 10,000 with two sureties. The bail order was directed to be executed by the Judicial Magistrate, 1st Class, Khagaria.

Issues considered

  • What is the appropriateness of granting bail to the petitioner under the Arms Act when the only evidence against him is the confessional statements of co‑accused?
  • Does the absence of any seized weapon or ammunition from the petitioner’s possession justify bail?

Legislation cited

Subjects

  • bail
  • Arms Act
  • confessional statement
  • co‑accused
  • judicial custody
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26849 of 2026
                     Arising Out of PS. Case No.-308 Year-2025 Thana- CHAUTHAM District- Khagaria
                 ======================================================
                 Lavlesh Kumar S/o Sarwan Yadav R/o Village - Shishwa, P.S. - Chautham,
                 Distt. - Khagaria.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjeet Kumar Singh, Advocate.
                 For the Opposite Party/s :       Mr. Uday Pratap Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   15-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Chautham P.S. Case No. 308 of 2025/ G.R. No. 3219 of

                   2025 registered for the offence punishable under Sections 25(1-

                   b)a, 26 and 35 of the Arms Act.

                                3. The case of the prosecution, in short, is that from

                   the possession of co-accused namely, Guddu Kumar and Ram

                   Ratan Yadav, two live cartridges each were recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. Nothing has been recovered from the possession of the

                   petitioner. He further submits that the name of the petitioner has
           Patna High Court CR. MISC. No.26849 of 2026(2) dt.15-05-2026
                                                       2/2




                     surfaced on the basis of confessional statement of co-accused

                     namely, Guddu Kumar and Ram Ratan Yadav. He further

                     submits that co-accused Guddu Kumar has been granted bail by

                     this Court vide Cr. Misc. No. 20608 of 2026. The case of this

                     petitioner stands on better footing. Moreover, a statement has

                     been made in para 3 of the petition that petitioner has no

                     criminal antecedent and he is languishing in judicial custody

                     since 02.01.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail. The above named

                     petitioner is directed to be enlarged on bail on furnishing bail

                     bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties

                     of the like amount each to the satisfaction of the learned Judicial

                     Magistrate, 1st Class, Khagaria in connection with Chautham

                     P.S. Case No. 308 of 2025/ G.R. No. 3219.


                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-
Raushan/-

U      T


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