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Patna High Court

Lalita DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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/-

U      T


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