Patna High Court
Lalo Kumar @ Lalo MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner with a bond of Rs.10,000 and two sureties, subject to his presence at every trial date.
Summary
Lalo Kumar (also known as Lalo Mahto) was arrested in connection with a case registered under the Arms Act for alleged possession and sale of illegal firearms and related items. The prosecution alleged that weapons were recovered from the house of a co-accused and that a confessional statement implicated the petitioner as the buyer. The petitioner contended that he was falsely implicated, had not manufactured any weapons, and that other co-accused had already been granted bail on similar facts. The State opposed bail, citing three prior criminal cases against the petitioner. After hearing both sides, the court granted bail on the condition of a Rs.10,000 bond with two sureties and required the petitioner’s presence at every trial date.
Issues considered
- Whether bail should be granted to the petitioner charged under Sections 25, 26 and 35 of the Arms Act despite alleged involvement and prior criminal antecedents.
- Whether the confessional statement of a co‑accused is sufficient ground to deny bail.
- Whether the conditions imposed for bail are appropriate and sufficient to ensure the petitioner’s cooperation with the trial.
Legislation cited
- Arms Act — s. 25(1-A), 25(1-AA), 25(1-B)(a), 25(1-C), 26(1), 26(2), 35
Subjects
- bail
- Arms Act
- criminal antecedent
- confessional statement
- weapon recovery
- trial cooperation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89859 of 2025
Arising Out of PS. Case No.-71 Year-2024 Thana- SINDHIYA District- Samastipur
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Lalo Kumar @ Lalo Mahto S/o Turant Lal Mahto @ Trunt Lal Mahto @
Turant Mahto R/o vill - Khori, P.s.- Hasanpur, Distt.- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jata Shankar Jha, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 17-01-2026 Heard Mr. Jata Shankar Jha, learned counsel for the
petitioner and Mr. Damodar Prasad Tiwary, learned APP for the
State.
2. The petitioner has prayed for bail in connection
with Singhia P.S. Case No. 71 of 2024 registered for the offence
punishable under Sections 25(1-AA), 25(1-C), 25(1-A), 25(1-B)
(a), 26(1), 26(2) and 35 of the Arms Act.
3. The case of the prosecution in short is that from the
house of co-accused namely, Jagarnath Sharma, a country made
pistol, two half made country-made pistol, one barrel, three iron
drill machine, three structure of country-made pistol, one trigger
guard, one angle grinder, cartridges were recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.89859 of 2025(2) dt.17-01-2026
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committed no offence. He has been falsely implicated in this
case. Learned counsel for the petitioner submits that as per the
FIR, the role of this petitioner has been attributed to the
confessional statement of the co-accused that the weapons were
sold to him. The petitioner was not indulged in manufacturing.
He also submits that the co-accused, namely, Jagarnath Sharma,
from whose house the recovery was made, and Amarnath
Sharma, Raso Devi and Baijnath Sharma have already been
granted bail by the learned coordinator of this Court in Cr. Misc.
Nos. 45291 of 2024, 45479 of 2024, and 4977 of 2025,
respectively. The case of this petitioner stands on similar
footing. He further submits that the petitioner is languishing in
judicial custody since 04.08.2025.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of three cases.
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 with the condition
that the petitioner shall cooperate in the stage of trial and
shall remain physically present on each and every date fixed
by the learned trial court till the conclusion of the trial. The
Patna High Court CR. MISC. No.89859 of 2025(2) dt.17-01-2026
3/3
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, Rosera in connection
with Singhia P.S. Case No. 71 of 2024.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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