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Patna High Court

Lokendra Kumar @ Lochan @ Lokendra Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

  • Arms Act — s. 25(1-B)(a), 26, 35
  • B.N.S. — s. 317(5), 318(4), 336(3), 338, 3(5)

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
                                            2/3




          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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