Patna High Court
Lakhan KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
Lakhan Kumar was arrested in connection with a murder case (Dinara P.S. Case No.498 of 2025) alleged under Sections 103(1) & 3(5) of the BNS and Section 27 of the Arms Act. The prosecution alleged that Kumar had called the informant’s son, who later was found dead by gunfire, and that Kumar was involved in the killing. The petitioner argued that the FIR relied only on circumstantial evidence, that the informant was not an eyewitness, and that there was no direct proof linking him to the crime; he also highlighted his clean record and that he had been in judicial custody since 20‑11‑2025. The State opposed bail. After hearing both sides, the court found the evidence insufficient to deny bail and ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail despite being charged with murder and an offence under the Arms Act.
- Whether the circumstantial nature of the evidence and the petitioner’s clean antecedent justify granting bail.
Legislation cited
Subjects
- bail
- circumstantial evidence
- murder
- Arms Act
- judicial custody
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31692 of 2026
Arising Out of PS. Case No.-498 Year-2025 Thana- DINARA District- Rohtas
======================================================
Lakhan Kumar son of Dhanji Ram @ Dhanjee Kumar @ Pappu Chaudhary
Resident of village- Dinara, P.S. - Dinara, District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nagendra Upadhyay, Advocate
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 12-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Dinara P.S. Case No.498 of 2025 registered for the offence
punishable under Sections 103(1) & 3(5) of the BNS and under
Section 27 of the Arms Act.
3. The case of the prosecution, in short, is that the
petitioner along with others has called the son of the informant
and son of the informant has went with them. After sometime,
when the son of the informant did not return, the informant
called him but he did not received the call. In the next morning,
he came to know that his son has been killed by firing.
4. Learned counsel appearing on behalf of the
petitioner has submitted that from perusal of the FIR itself it is
Patna High Court CR. MISC. No.31692 of 2026(2) dt.12-05-2026
2/2
clear that it is a case of circumstantial evidence. Informant is not
the eye witness; the case of the prosecution is based merely on
last seen theory. Save and except that the petitioner has called
the deceased on the date of occurrence and the deceased had
followed him along with two others, there is nothing against the
petitioner. It has further been submitted that the petitioner is
having no criminal antecedent and he is in judicial custody since
20.11.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the court of learned
Additional Chief Judicial District and Additional Sessions
Judge, 1st Bikramganj, District – Rohtas, in connection with
Dinara P.S. Case No.498 of 2025.
(Ashok Kumar Pandey, J)
durgesh/-
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