Patna High Court
Lokendra Kumar @ Lochan @ Lokendra Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner subject to a bond of Rs 10,000 with two sureties and specific conditions.
Summary
The petitioner, Lokendra Kumar, was arrested along with co‑accused on a secret tip and a country‑made pistol with two live cartridges was seized from his possession. He contended that the recovery was false as the seizure was not witnessed by any independent person and the list of witnesses comprised the raiding party itself. The petitioner had been in custody since 30 July 2025, the charge‑sheet had been filed, and a co‑accused had already been granted bail by a coordinate bench. The State opposed bail citing the allegations in the FIR. Considering the prolonged custody, the filed charge‑sheet, the precedent of bail to a co‑accused, and the lack of independent witnesses, the court granted bail on a Rs 10,000 bond with two sureties and imposed conditions regarding attendance and cancellation on default.
Issues considered
- Whether the petitioner is entitled to bail despite the seriousness of the offences under the B.N.S. and Arms Act.
- Whether the alleged procedural irregularities in the seizure of the weapon affect the bail application.
- Whether the grant of bail to a co‑accused influences the petitioner's bail eligibility.
Legislation cited
Subjects
- bail
- seizure of weapon
- procedural irregularities
- Arms Act
- Bihar Narcotic Substances Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77959 of 2025
Arising Out of PS. Case No.-178 Year-2025 Thana- KORHA District- Katihar
======================================================
Lokendra Kumar @ Lochan @ Lokendra Kumar Singh S/O Late Akhilesh
Singh @ Late Akhilesh Prasad Singh R/O Vill.- Basgarha, P.s.- Korha, Dist.-
Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajendra Prasad Sah, Advocate
For the Opposite Party/s : Mr. Harendra Prasad, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 19-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 317(5), 318(4). 336(3),
338, 3(5) of the B.N.S. and Section 25(1-B)(a), 26 and 35 of
the Arms Act.
3. As per the prosecution case, on a secret
information, petitioner along with other accused person were
apprehended by the police who were riding an unnumbered
motorcycle. Upon search, a country made pistol and two live
cartridges were recovered.
4. Learned counsel for the petitioner submits that a
false recovery of one country made pistol and two live
Patna High Court CR. MISC. No.77959 of 2025(4) dt.19-02-2026
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cartridges have been shown from the possession of the
petitioner, but such seizure has not been made in presence of
any independent witness and seizure list witnesses are actually
the raiding party members. One of the co-accused, namely
Anurag Hadi has been granted the privilege of bail by a Co-
ordinate Bench of this Court vide order dated 04.02.2026
passed in Cr. Misc. No.6708 of 2026. The petitioner is
languishing in custody since 30.07.2025 and charge-sheet has
been submitted and he is accused in only one more case, but till
date he has not been remanded in the said case.
5. Learned APP for the State opposed the grant of
bail on the basis of allegations made in the First Information
Report.
6. Taking into consideration the facts and
circumstances and considering the fact that the petitioner has
remained in custody for some time and charge-sheet has also
been submitted, coupled with the fact that one of the co-
accused has been granted the privilege of bail by Co-ordinate
Bench of this Court, let the above named petitioner, be released
on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned C.J.M., Katihar/concerned Court
Patna High Court CR. MISC. No.77959 of 2025(4) dt.19-02-2026
3/3
below in connection with Korha P.S. Case No. 178 of 2025,
subject to condition that:-
(i) One of the bailors will be his own blood
relative.
(ii) The petitioner will remain present on
each and every date fixed by the Court concerned, if so
required by the learned Trial Court.
(iii) In case of absence on three consecutive
dates or in violation of terms of the bail, the bail bond of
the petitioner will be liable to be cancelled by the Court
concerned.
(Soni Shrivastava, J)
anand/-
U T
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