Patna High Court
Lalu Kumar @ Lalu PaswanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail is granted to the petitioner subject to the conditions specified by the Court.
Summary
The petitioner, Lalu Kumar, was arrested in connection with a case registered under Sections 25(1‑b)a, 26 and 35 of the Arms Act after a raid recovered a loaded pistol and a knife from his residence. The prosecution alleged that the petitioner was in illegal possession of the firearms, while the petitioner contended that he was falsely implicated due to political rivalry and that the seized items were not in his conscious possession. He had been in custody since 25‑02‑2024 and already faced two other criminal cases. The State opposed the bail application, emphasizing the seriousness of the arms offences. The Court, after considering the facts, directed that bail be granted on the condition of a Rs 10,000 bond with two sureties and several compliance requirements. The order also stipulated that any breach of conditions or concealment of antecedents could lead to cancellation of bail.
Issues considered
- Whether bail should be granted to the accused in a case under Sections 25(1‑b)a, 26 and 35 of the Arms Act.
- Whether the political victimisation claim and the existence of prior criminal cases affect the bail decision.
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
Subjects
- bail
- Arms Act
- illegal firearms
- political victimisation
- criminal antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82601 of 2025
Arising Out of PS. Case No.-100 Year-2024 Thana- DUMARIYA District- Gaya
======================================================
Lalu Kumar @ Lalu Paswan S/O Surendra Das R/O Vill.- Basdiha, P.S-
Dumariya, Dist.- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner seeks bail in connection with
Dumariya P.S. Case No. 100 of 2024 dated 24.12.2024
registered for the offences under Sections 25(1-b)a/26/35 of the
Arms Act.
3. As per the prosecution case, the informant has
alleged that on confidential information that the petitioner is
keeping some illegal firearms, conducted a raid and the
petitioner was apprehended along with one other person and
from the house of the petitioner one countrymade loaded pistol
and one iron knife were recovered.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated and no recovery has been
Patna High Court CR. MISC. No.82601 of 2025(2) dt.05-01-2026
2/3
made from the conscious possession of the petitioner. It is
further submitted that the petitioner is an active political person
and on the insistence of his political rival he has been implicated
in this case. It has lastly been submitted that the petitioner is in
custody since 25.02.2024 and he has two criminal cases against
his name.
5. Learned APP has vehemently opposed the prayer
for bail of the petitioner.
6. Considering the facts and circumstances of the
case, the petitioner is directed to be released on bail on his
furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Judicial Magistrate 1st Class, Sherghati, Gaya in
connection with Dumariya P.S. Case No. 100 of 2024 subject to
the following terms and conditions:
(i) One of the bailors will be a close relative of the
petitioner;
(ii) the petitioner will remain present on each and
every date fixed, if so required by the learned Trial Court;
(iii) in case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the petitioner
will liable to be cancelled by the Court concerned;
Patna High Court CR. MISC. No.82601 of 2025(2) dt.05-01-2026
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(iv) the trial court shall verify the criminal antecedent
of the petitioner and in case at any stage, it is found that the
petitioner has concealed his criminal antecedent, the trial court
shall take step for cancellation of bail bonds of the petitioner.
However, the acceptance of bail bonds in terms of the above
mentioned order shall not be delayed for purpose of the same on
in the name of verification.
(v) the petitioner is directed to appear before the SSP,
Siwan fortnightly to mark his attendance.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
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