Patna High Court
Lablu Singh @ Lablu Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner on the condition of a Rs.10,000 bond with two sureties.
Summary
Lablu Singh applied for bail in a case registered as Raghopur P.S. Case No. 332 of 2022, which alleged offences under IPC sections 399, 402 and 414 and Arms Act sections 25(1‑b)a, 26 and 35. The prosecution claimed that two persons were apprehended with arms, naming the petitioner and another accused, Sunny Kumar. The petitioner contended that he was falsely implicated, that no arms were recovered from him, and that a co‑accused had already been granted bail in a similar case. The State opposed the bail application. After hearing both sides, the court found no material reason to deny bail and ordered the petitioner to be released on a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner for offences under IPC sections 399, 402, 414 and Arms Act sections 25(1‑b)a, 26, 35
- Whether the petitioner poses a flight risk or a risk of tampering with evidence
- Whether the grant of bail to a co‑accused (Sunny Kumar) is determinative for the petitioner’s bail
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 35
- Indian Penal Code — s. 399, 402, 414
Subjects
- bail
- IPC
- Arms Act
- criminal procedure
- judicial custody
- co‑accused
- bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87271 of 2025
Arising Out of PS. Case No.-332 Year-2022 Thana- RAGHOPUR District- Vaishali
======================================================
Lablu Singh @ Lablu Kumar Singh, S/o- Late Shivdeo Singh, R/v- Raghopur
East, P.S.- Jurawanpur, Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gautam, Advocate
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
3 03-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Raghopur P.S. Case No. 332 of 2022 registered for the
offence punishable under Sections 399, 402 and 414 of the
Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms
Act.
3. The case of the prosecution, in short, is that two
persons were apprehended by police and from their possession,
some arms were recovered. They have disclosed the name of
two persons the petitioner and one Sunny Kumar.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. Nothing has been recovered from his possession. It has
Patna High Court CR. MISC. No.87271 of 2025(3) dt.03-02-2026
2/2
also been submitted that similarly situated co-accused Sunny
Kumar has been granted bail by learned Co-ordinate Bench
vide Cr. Misc. No. 10531 of 2025. The case of this petitioner
stands on similar footing. He is languishing in judicial custody
since 28.04.2023.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Judicial
Magistrate 1st Class, Vaishali at Hajipur in connection with
Raghopur P.S. Case No. 332 of 2022.
(Ashok Kumar Pandey, J)
lata/-
U T
Checking your session…