Patna High Court
Lalita DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- KHATIM REZA
Holding
The court granted anticipatory bail to the petitioner subject to bail bond and surrender conditions.
Summary
Lalita Devi, the mother of the driver of an E‑rickshaw, was implicated in a case (Lauriaya PS No. 80 of 2026) for alleged possession of an illegal country‑made pistol recovered from the vehicle. The pistol was seized from the E‑rickshaw, which is owned by the petitioner, and she was charged under Sections 25(1‑Ba), 26 and 35 of the Arms Act. She contended that she had no knowledge of the weapon, had no criminal antecedents, and was being implicated solely because of her relationship to the driver. The State opposed her request for anticipatory bail, arguing the seriousness of the offences. After considering the facts, the court granted anticipatory bail, directing her to surrender within six weeks and to furnish a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Arms Act offences
- Whether ownership of the vehicle from which the weapon was recovered makes the owner liable
- Whether the petitioner is likely to tamper with evidence or flee
Legislation cited
- Arms Act — s. 25(1-B)a, 26, 35
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Arms Act
- seizure of weapon
- vehicle owner liability
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29220 of 2026
Arising Out of PS. Case No.-80 Year-2026 Thana- LAURIA District- West Champaran
======================================================
Lalita Devi, W/O Late Pintu Prasad, R/O Village- Lakhanpur, P.S- Lauriya,
Dist.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvesh Kashyap, Advocate
For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
3 06-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection with
Lauriaya P.S. Case No. 80 of 2026 dated 08.02.2026 instituted for
the offence punishable under Sections 25(1-B)a, 26, 35 of the
Arms Act.
3. Allegation is of recovery of one country made pistol
from an E-rickshaw which belongs to the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and she has been falsely implicated in this
case. It is further submitted that the petitioner is the mother of the
driver of the seized E-rickshaw. The seized E-rickshaw belongs
to the petitioner and she has no concern with the recovered country
made pistol. The petitioner has been implicated in this case merely
Patna High Court CR. MISC. No.29220 of 2026(3) dt.06-05-2026
2/2
by virtue of her being the mother of the driver of the E-rickshaw.
Nothing has been recovered from the conscious possession of the
petitioner rather the seized country made pistol was recovered
from E-rickshaw which was being driven by her son. Lastly, it has
been submitted that petitioner has no criminal antecedents.
5. On the other hand, learned A.P.P. for the State has
opposed the prayer for anticipatory bail of the petitioner.
6. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, in the
event of arrest / surrender of the petitioner within a period of six
weeks from today, in connection with Lauriya P.S. Case No. 80 of
2026, she will be released on bail upon furnishing bail bonds of
Rs. 10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Chief Judicial
Magistrate- 1st, Bettiah, West Champaran subject to condition as
laid down under Section 482(2) of the B.N.S.S.
(Khatim Reza, J)
premchand/-
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