Patna High Court

Lalu KumarversusThe State of Bihar

Decided: 15 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted regular bail to the petitioner.

Summary

The petitioner, Lalu Kumar, was arrested on 30 September 2025 for alleged possession of a loaded country‑made pistol and a live cartridge, offences punishable under Sections 25(1‑b)(a), 26 and 35 of the Arms Act. The prosecution claimed the items were recovered from his pocket during a night patrol, while the petitioner’s counsel argued that the seizure was improper, alleging non‑compliance with Section 105 of the BNSS and that nothing was actually recovered. The petitioner had been in judicial custody since 1 October 2025 and the State opposed bail, citing a prior similar case. After hearing both sides, the High Court considered the nature of the allegations, the procedural lapse in seizure, and the petitioner’s custody duration, and decided to grant regular bail. The court ordered his release on a bail bond of Rs 10,000 with two sureties, subject to the satisfaction of the Sub‑Divisional Judicial Magistrate, Khagaria.

Issues considered

Whether bail should be granted in a case involving offences under the Arms Act (Sections 25(1‑b)(a), 26, 35).
Whether the seizure of the alleged weapon complied with Section 105 of the BNSS, affecting bail considerations.
Whether the petitioner’s prior criminal antecedent precludes the grant of regular bail.

Legislation cited

Arms Act — s. 25(1-b)(a), 26, 35
BNSS — s. 105

Subjects

bail
Arms Act
seizure procedure
Section 105 BNSS
criminal antecedent
regular bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89558 of 2025
                  Arising Out of PS. Case No.-147 Year-2025 Thana- MAHESHKHUNT District- Khagaria
                 ======================================================
                 Lalu Kumar Son of Late Baudhu Yadav R/o - Chukti, P.S. - Mansi, District –
                 Khagaria.                                                ... ... Petitioner/s
                                                Versus
                 The State of Bihar                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Anil Kumar Choudhary, Advocate
                 For the Opposite Party/s :      Mr. Uma Shankar Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   15-01-2026                  Heard learned counsel for the petitioner and Mr. Uma

                   Shankar Prasad Singh, learned APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under Sections 25(1-b)(a),

                   26 and 35 of the Arms Act.

                                3. The case of the prosecution, in short, is that on

                   30.09.2025 at 01:00 A.M., the informant along with other police

                   officials were on night patrolling. After that they saw two boys

                   sitting on a bike and after seeing the police car, the two boys

                   started fleeing away. On being apprehended, they disclosed their

                   name as Lalu Kumar (the petitioner) and Ranbir Kumar. From

                   the left pocket of the jean wore by the petitioner, one loaded

                   country made pistol and one live cartridge were recovered. After

                   that the petitioner was taken to police custody.

                                4. Learned counsel for the petitioner has submitted
            Patna High Court CR. MISC. No.89558 of 2025(2) dt.15-01-2026
                                                        2/2




                      that the nature of allegation is general and omnibus. Learned

                      counsel for the petitioner has submitted that nothing has been

                      recovered from the possession of this petitioner. The witnesses

                      of the seizure list are police personnel and police has not

                      complied Section 105 of the BNSS while making seizure.

                      Learned counsel for the petitioner has further submitted that the

                      petitioner is in judicial custody since 01.10.2025.

                                   5. Learned Additional Public Prosecutor for the State

                      has vehemently opposed the bail of the petitioner and has

                      submitted that the petitioner is having criminal antecedent of

                      one case of similar nature.

                                   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 released on bail in connection with

                      Maheshkhunt P.S. Case No. 147 of 2025 on furnishing bail bond

                      of Rs.10,000/- (Ten Thousand) with two sureties of the like

                      amount each to the satisfaction of learned Sub-Divisional

                      Judicial Magistrate, Khagaria.



                                            (Ashok Kumar Pandey, J)
durgesh/-
U      T

Continue reading with your account

Checking your session…