Patna High Court
Laltu Yadav @ LaltaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court held that the petitioner is entitled to regular bail subject to a bond of Rs.10,000 and two sureties.
Summary
The petitioner, Laltu Yadav, was charged under Sections 25(1‑B)a, 26 and 35 of the Arms Act after a loaded pistol was recovered from his possession during a police raid. He had earlier applied for regular bail, which was rejected, and the trial court was directed to complete the trial within nine months. Despite this direction, the trial court had not even framed charges. Considering the undue delay and the petitioner’s cooperation, the High Court granted regular bail on a bond of Rs.10,000 with two sureties, subject to his availability for trial proceedings.
Issues considered
- Whether regular bail should be granted to the accused under the Arms Act in view of the seriousness of the offences.
- Whether the failure of the trial court to frame charges within the stipulated nine‑month period warrants the grant of bail.
Legislation cited
- Arms Act, 1959 — s. 25(1‑B)a, 26, 35
Subjects
- bail
- Arms Act
- delay in trial
- charge framing
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68200 of 2025
Arising Out of PS. Case No.-484 Year-2023 Thana- GOGRI District- Khagaria
======================================================
Laltu Yadav @ Lalta S/O Late Bhudan Yadav Resident of Vill.- Baraitha, P.S.-
Gogri, District- Khagaria, Bihar
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Keshav Bhardwaj
For the Opposite Party/s : Mr.Nand Kishore Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
5 13-02-2026 Heard learned counsel for the petitioner as well as
learned APP for the State.
2. In this case, the petitioner is seeking regular bail
in connection with Gogri P.S. Case No. 484 of 2023, registered
for the offences punishable under Sections 25(1-B)a, 26 and 35
of Arms Act.
3. As per allegation, three persons including the
petitioner tried to flee away when the police raided the place of
occurrence and on search, a loaded country-made pistol was
recovered from possession of the petitioner.
4. Earlier, the bail petition of the petitioner was
rejected by this Court vide order dated 19.09.2024 in Cr. Misc.
No. 64284 of 2024. While rejecting the bail petition, this Court
Patna High Court CR. MISC. No.68200 of 2025(5) dt.13-02-2026
2/2
had directed the trial court to conclude the trial within a period
of nine months.
5. The report received from the court below shows
that despite the specific order of this Court, even the charges
have not been framed till date.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named be released on
bail on furnishing bail bonds of Rs.10,000/- with two sureties
of the like amount each to the satisfaction of learned Chief
Judicial Magistrate, Khagaria in connection with Gogri P.S.
Case No. 484 of 2023, subject to the condition that the
petitioner shall cooperate in the disposal of trial and make
himself available as and when required by the court.
(Nawneet Kumar Pandey, J)
kundan/-
U T
Checking your session…