Patna High Court
Lalmohan @ Arjun kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Arms Act — s. 27
- Indian Penal Code — s. 307, 326, 34
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
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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
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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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