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Patna High Court

Lalan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail, finding no evidence of the petitioner's possession of the illegal firearm.

Summary

The petitioner, Lalan Kumar, was named in an FIR for alleged offences under Sections 25(1‑b)a and 26 of the Arms Act, arising from a land‑dispute‑related gun‑fire incident. The police recovered a country‑made pistol and live cartridges from the open roof of his house, but the petitioner claimed he had no physical or constructive possession of the weapon. He applied for anticipatory bail, arguing that the FIR merely reflected a land dispute and that the recovery was made from a common area occupied by other family members. The State opposed the bail, contending that the petitioner was implicated in the illegal possession of the firearm. The court examined the facts, noted the lack of possession, and exercised its powers under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita to grant anticipatory bail with a bond and sureties, subject to conditions. The order directed the petitioner to surrender within four weeks and comply with the bail terms.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. and Section 482 of the Bhartiya Nagarik Suraksha Sanhita.
  • Whether the petitioner had physical or constructive possession of the country‑made pistol recovered from his house.
  • Whether the FIR, arising from a land dispute, justifies denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Arms Act
  • possession
  • land dispute
  • Criminal Procedure Code
  • Bhartiya Nagarik Suraksha Sanhita
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27129 of 2026
                      Arising Out of PS. Case No.-76 Year-2026 Thana- RAGHOPUR District- Vaishali
                 ======================================================
                 Lalan Kumar S/o Mishri Ray Resident of Village - Mirampur, Police Station -
                 Raghopur in the District of Vaishali.

                                                                                    ... ... Petitioner
                                                       Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ranjeet Kumar, Advocate
                 For the Opposite Party/s :       Mr.Abhay Kumar Roy, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   28-04-2026               Heard learned counsel for the petitioner and learned

                   APP for the State.

                             2. The accused-petitioner, named in the F.I.R., is

                   apprehending his arrest in connection with Raghopur P.S.

                   Case No. 76 of 2026 registered for the offences punishable

                   under Sections 25(1-b)a, 26 of the Arms Act.

                             3. As per FIR, there was exchange of firing between

                   the two groups where petitioner was member of one of the

                   group who were fighting over a piece of land. Upon

                   information, police arrived there and making the police

                   personnel as witness, searched the house of the petitioner,

                   whereupon one country made pistol alongwith two live

                   cartridges were recovered upon the roof of his house.
Patna High Court CR. MISC. No.27129 of 2026(2) dt.28-04-2026
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                   4. Learned counsel appearing on behalf of the

          petitioner submitted that the FIR categorically suggest that

          the occurrence took place due to land dispute. It is

          submitted that petitioner was implicated in connivance with

          police out of said land dispute. It is pointed out that

          recovery of country made pistol and live cartridges

          admittedly made from open roof of the house where

          petitioner is also one of the member as same is occupied by

          different adult members of the family.

                   5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   6. In view of the aforesaid factual submissions and

          by taking note of the fact as admittedly recovery of country

          made pistol was made from an open place not from physical

          or constructive possession of this petitioner, accordingly,

          above-named petitioner, in the event of his arrest/surrender

          within a period of four weeks from this order, is directed to

          be enlarged on bail on furnishing of bail bond of

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

          amount each to the satisfaction of learned Chief Judicial

          Magistrate,        Vaishali      at     Hajipur/concerned   court   in
           Patna High Court CR. MISC. No.27129 of 2026(2) dt.28-04-2026
                                                       3/3




                     connection with Raghopur P.S. Case No. 76 of 2026,

                     subject to the conditions as laid down under Section 438(2)

                     of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik

                     Suraksha Sanhita (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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