Patna High Court
Lallu Kumar @ Laukesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that pre‑arrest bail could not be granted to the petitioner given the seriousness of the charges and his criminal antecedents.
Summary
The petitioner, Lallu Kumar, filed a pre‑arrest bail application in the Patna High Court, fearing arrest in a case registered under sections 303, 111(2)(b), 111(3), 111(4), 111(5), 112(2) of the Bihar Narcotic Substances Act, 2023 and section 56 of the Mines and Minerals Act for alleged illegal mining and sand storage. The petitioner claimed innocence, asserting that the allegations were general, omnibus and that he had no involvement in the alleged offence. The State opposed the bail, highlighting that the petitioner is named in the FIR and has two prior criminal antecedents. The Court examined the nature of the accusation, the seriousness of the offences, and the petitioner’s criminal record. Considering these factors, the Court rejected the petitioner's prayer for pre‑arrest bail. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail under the provisions of the Bihar Narcotic Substances Act, 2023 and the Mines and Minerals Act
- Whether the petitioner’s prior criminal antecedents justify denial of bail
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 111(2)(b), 111(3), 111(4), 111(5), 112(2), 303
- Mines and Minerals Act — s. 56
Subjects
- pre‑arrest bail
- illegal mining
- criminal antecedents
- Bihar Narcotic Substances Act
- Mines and Minerals Act
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80774 of 2025
Arising Out of PS. Case No.-683 Year-2024 Thana- FATEHPUR District- Gaya
======================================================
Lallu Kumar @ Laukesh Kumar S/o Uma Singh @ Uma Shankar Singh @
Umakant Prasad Singh R/o Village - Badauan, P.S - Fatehpur, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Kumar , Advocate
For the Opposite Party/s : Mr. Vinod Shanker Modi , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends their arrest in a case
registered for the offence punishable under sections 303, 111(2)
(b), 111(3), 111(4), 111(5), 112(2) of B.N.S., 2023 and Section
56 of the Mines and Mineral Act.
3 . As per F.I.R., this petitioner along with other co-
accused persons is alleged to be indulged in illegal mining
and storage of sand.
4. It is submitted on behalf of the petitioner that this
petitioner is innocent and has committed no offence as alleged.
Allegation is general and omnibus against this petitioner and
he has got no concern regarding the alleged occurrence .
5 . However, learned counsel for the State opposed the
Patna High Court CR. MISC. No.80774 of 2025(2) dt.09-02-2026
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bail petition and submitted that petitioner is named in F.I.R. and
has got 2 criminal antecedents.
6. Considering the aforesaid facts, nature of
accusation and criminal antecedents of this petitioner, his prayer
for pre – arrest bail is rejected.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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