Patna High Court
Ram Lagan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The court held that bail should be granted to the petitioners despite the serious nature of the Arms Act offences, given the circumstances.
Summary
Petitioners Ram Lagan Kumar and Manish Kumar applied for regular bail in a case registered under sections 25(1B)(a), 26 and 35 of the Arms Act. They contended that the allegations arose from village rivalry and politics, that no incriminating article was found in their possession, and that the seized pistol and cartridge were recovered from an open place not belonging to them. The State opposed the bail, but the court noted that both petitioners have prior criminal antecedents yet are already on bail in those matters, and that the prosecution's material witnesses are police personnel, reducing the risk of witness tampering. Considering these factors, the court ordered their release on bail upon furnishing a bond of Rs. 20,000 with two sureties each. The petition was therefore disposed with bail granted.
Issues considered
- Whether regular bail can be granted to accused persons in offences punishable under sections 25(1B)(a), 26 and 35 of the Arms Act
- Whether the absence of seized articles in the accused's possession and the claim of political rivalry justify bail
- Whether the presence of police personnel as material witnesses negates the risk of witness tampering
Legislation cited
- Arms Act — s. 25(1B)(a), 26, 35
Subjects
- regular bail
- Arms Act
- political rivalry
- police witnesses
- criminal antecedents
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89930 of 2025
Arising Out of PS. Case No.-190 Year-2025 Thana- BALIYA District- Begusarai
======================================================
1. Ram Lagan Kumar Son of Pramod Yadav Resident of Village- Danauli, P.S.-
Balia, District- Begusarai
2. Manish Kumar Son of Uma Shankar Yadav Resident of Village- Danauli,
P.S.- Balia, District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bipin Kumar, Adv.
Mr. Abhishek Kumar, Adv.
For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 13-01-2026 Heard the parties.
2. Petitioners seek regular bail in connection with Balia
P.S. Case No. 190 of 2025 registered for the offences punishable
under sections 25(1B)(a), 26 and 35 of the Arms Act.
3. The main submissions advanced by petitioners’
counsel are that the petitioners have been implicated in the present
matter due to village rivalry and politics and nothing
incriminating article has been recovered from the conscious
possession of the petitioners and they have no concern with the
seized country made pistol and a live cartridge, which have been
recovered from an open place and the alleged place of recovery
does not belong to the petitioners. It is further submitted that the
seizure list witnesses are police personnel and no any independent
person has been made a witness of the seizure and the charge has
Patna High Court CR. MISC. No.89930 of 2025(2) dt.13-01-2026
2/2
been framed upon the petitioners on 12.11.2025 and they have
been languishing in jail since 18.06.2025.
4. Learned APP for the State has opposed the prayer of
the petitioners.
5. Heard both the sides and perused the relevant
materials. Though against petitioner No. 1, there are criminal
antecedents of three cases and against the petitioner No. 2, there
are criminal antecedents of two cases but as per the statement
made in this petition, both the petitioners are on bail in the said
cases and as per the petitioners’ counsel, charges have been
framed upon the petitioners and the material witnesses of the
prosecution, who are to be examined in the trial of the petitioners,
are police personnel, so, there is no chance of tampering with the
witnesses upon the release of the petitioners at this stage, so,
considering these aspects, this Court is inclined to release them on
bail. Accordingly, let the petitioners named-above be released on
bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty
Thousand) each with two sureties of the like amount each to the
satisfaction of the court concerned in connection with Balia P.S.
Case No. 190 of 2025.
(Shailendra Singh, J)
annu/-
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