Patna High Court
Lallu Yadav @ Lalan Yadav @ Latan YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied because the petitioner’s criminal antecedents and the serious nature of the allegations warranted custody.
Summary
The petitioner, Lallu Yadav, was implicated in a FIR alleging indiscriminate firing that caused injuries, and was charged under Sections 191(2), 191(3), 190, 111(2), 109 of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. He sought anticipatory bail, claiming innocence and that his name appeared only in the confessional statements of co‑accused. The State opposed, highlighting the seriousness of the alleged offences and the petitioner’s three prior criminal antecedents. The Court examined the nature of the accusations, the petitioner’s criminal record, and the risk of tampering with evidence. Considering these factors, the Court refused the prayer for anticipatory bail, effectively dismissing the petition.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the nature of the offences alleged under the Bharatiya Nyaya Sanhita and the Arms Act.
- Whether the petitioner’s prior criminal antecedents and the seriousness of the alleged indiscriminate firing preclude the grant of anticipatory bail.
Legislation cited
- Arms Act — s. 27
- Bharatiya Nyaya Sanhita — s. 109, 111(2), 190, 191(2), 191(3)
Subjects
- anticipatory bail
- criminal antecedents
- indiscriminate firing
- Arms Act
- Bharatiya Nyaya Sanhita
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88893 of 2025
Arising Out of PS. Case No.-278 Year-2025 Thana- Marnga District- Purnia
======================================================
Lallu Yadav @ Lalan Yadav @ Latan Yadav S/O Biplav Yadav Resident of
village- Maranga Bintoli, P.S.- Maranga, District.- Purnea
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Musowir , Advocate
Mr. P K sinha, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends arrest in case registered for
the offences punishable under Sections 191(2), 191(3), 190,
111(2), 109 of the Bharatiya Nyaya Sanhita and Section 27 of
the Arms Act.
3 . It is alleged that this petitioner, along with other
F.I.R. named accused persons, was indulged in indiscriminate
firing as a result of which some persons sustained injuries.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence . The name
of the petitioner transpired in the confessional statement of other
co-accused persons. Injury sustained by the injured is simple in
Patna High Court CR. MISC. No.88893 of 2025(2) dt.10-02-2026
2/2
nature . Allegation against petitioner is general and omnibus.
5 . Learned counsel for the State opposed and
submitted that this petitioner along with other accused persons
made indiscriminate firing and this petitioner has got 3 criminal
antecedents.
6. Considering the nature of accusation and criminal
antecedents of this petitioner and other circumstances of case ,
prayer for anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J)
Koushik/-
U T
Checking your session…