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Patna High Court

Lalmohan @ Arjun kumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court granted bail to the petitioner subject to a bond and specified conditions.

Summary

The petitioner, Lalmohan (Arjun Kumar), was arrested on 29 August 2025 in connection with a 2024 FIR alleging offences under IPC sections 307, 326, 34 and Arms Act section 27, stemming from an alleged shooting that injured a victim's mother. The prosecution contended that the petitioner was part of a group that fired at the informant’s mother and highlighted six prior criminal antecedents. The petitioner argued that the FIR contains only a generic allegation against all accused and that co‑accused had already been granted bail, asserting his innocence. The court examined the sufficiency of the allegations, the seriousness of the offences, and the petitioner’s criminal record, and decided to grant bail subject to a bond of Rs.10,000 with two sureties and several conditions. The order also directed the lower court to verify the petitioner’s antecedents and to cancel bail if any concealment or tampering with evidence occurs.

Issues considered

  • Whether bail should be granted to the petitioner despite the serious nature of the offences (attempt to murder, grievous hurt, unlawful possession of arms).
  • Whether the FIR specifically implicates the petitioner, thereby justifying continued detention.
  • Whether the petitioner’s prior criminal antecedents preclude the grant of bail.

Legislation cited

Subjects

  • bail
  • attempt to murder
  • grievous hurt
  • unlawful possession of arms
  • criminal antecedent
  • common intention
  • pre‑trial detention

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28721 of 2026
                    Arising Out of PS. Case No.-299 Year-2024 Thana- MOTIHARI TOWN District- East
                                                       Champaran
                 ======================================================
                 Lalmohan @ Arjun kumar Son of Ramesh Sah Resident of village- Belisharay
                 Patel Chowk, Ps- Town, Dist- East champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Kumar, Advocate
                                          :      Ms. Harsha Shashwat, Advocate
                 For the Opposite Party/s :      Mr. Murli Dhar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   28-04-2026                          Heard Mr. Abhishek Kumar, learned counsel for

                   the petitioner as well as Mr. Murli Dhar, learned Additional

                   Public Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   29.08.2025 in connection with Town P.S. Case No. 299 of 2024,

                   F.I.R. dated 26.05.2024 for the offences punishable under

                   Sections 307, 326, 34 of the Indian Penal Code and Section 27

                   of Arms Act.

                                3.      According to prosecution case, the informant

                   alleged that on 26.05.2024 at about 7.30 A.M when he came to

                   Hospital chowk for purchasing vegetable, then altercation took

                   place with two accused persons for smoking cigarette and

                   thereafter some people rescued him then all had gone to their
Patna High Court CR. MISC. No.28721 of 2026(2) dt.28-04-2026
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          home. It is further alleged that eight co-accused along with the

          petitioner came back on motorcycle and when the informant

          was sitting with his mother at Braham Baba Asthan then the

          accused person started firing due to which informant’s mother

          got injured by fire arm injury, thereafter, she was taken up for

          treatment.

                      4. Learned counsel for the petitioner submits that

          petitioner is innocent and he has falsely been implicated in the

          present case. Although the petitioner is named in the FIR but

          from bare perusal of the FIR it appears that there is no specific

          allegation of assault or firing against him rather there is general

          and omnibus allegation against all the accused persons including

          the petitioner and for the same set of allegation, co-accused

          persons, namely, Devendra Sahani and Vikram Kumar @ Anil

          Kumar have been granted the privilege of bail by the co-

          ordinate Bench of this Court vide order dated 21.09.2024 and

          24.01.2025 in Cr. Misc. No. 50038 of 2024 and Cr. Misc. No.

          3202 of 2025. He further submits that the police after

          investigation submitted the charge sheet against the petitioner

          and the petitioner is in custody since 29.08.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and
Patna High Court CR. MISC. No.28721 of 2026(2) dt.28-04-2026
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          submits that the petitioner carries six criminal antecedents other

          than the present one but fairly submits on the basis of

          paragraph-3 of the bail application that the petitioner is on bail

          in the pending matters.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Chief

          Judicial Magistrate, Motihari, East Champaran in connection

          with Town P.S. Case No. 299 of 2024, subject to the following

          conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage it is found that the petitioner has concealed his
            Patna High Court CR. MISC. No.28721 of 2026(2) dt.28-04-2026
                                                        4/4




                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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