Patna High Court
Laxman Kumar @ Laxman Sahni @ BhullaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that regular bail cannot be granted as the allegations are serious and prima facie evidence exists against the petitioner.
Summary
The petitioner, Laxman Kumar, was charged with offences under Sections 341, 323, 325, 326, 307 and 120B of the Indian Penal Code and Sections 25(1‑b)a, 26, 27 and 35 of the Arms Act for allegedly firing indiscriminately at an informant, causing injury. He has been in custody since 16‑12‑2025, has two prior criminal antecedents, and was named in the self‑inculpatory statement of co‑accused Ramesh Thakur. The petitioner sought regular bail, arguing that he should be released pending trial. The Court examined the seriousness of the charges, the prima facie material linking the petitioner to the crime, and his criminal history, and concluded that the nature and gravity of the offences warranted denial of bail. Consequently, the application for regular bail was dismissed, with the Court noting that its observations are limited to the bail application and do not prejudice the trial.
Issues considered
- Whether regular bail should be granted to the petitioner in view of the serious nature of the offences and the prima facie evidence against him?
Legislation cited
- Arms Act — s. 25(1-b)a, 26, 27, 35
- Indian Penal Code — s. 120B, 307, 323, 325, 326, 341
Subjects
- regular bail
- Indian Penal Code
- Arms Act
- prima facie evidence
- criminal antecedents
- serious offence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9751 of 2026
Arising Out of PS. Case No.-7 Year-2023 Thana- CHACKMEHSI District- Samastipur
======================================================
Laxman Kumar @ Laxman Sahni @ Bhulla S/o Ram Chandra Chaudhary R/o
Village- Ladaura, Ward No.6, P.S- Kalyanpur, Dist- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saroj Kumar Choudhary
For the Opposite Party/s : Mr. Harendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 23-06-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Chakmehsi P.S. Case No. 07 of 2023 registered for the offence
under Sections 341, 323, 325, 326, 307, 120B of the Indian
Penal Code, Section 25(1-b)a, 26, 27 and 35 of the Arms Act.
3. As per the prosecution case, the petitioner along
with others is accused of firing indiscriminately on the
informant due to which he got injured.
4. The petitioner is in custody since 16.12.2025 and
has two criminal antecedents. The name of the petitioner has
come in the self-inculpatory statement of the co-accused
Ramesh Thakur, who has confessed his involvement as well as
the involvement of the petitioner in the alleged occurrence.
Patna High Court CR. MISC. No.9751 of 2026(4) dt.23-06-2026
2/2
5. The allegations against the petitioner are serious
and grave in nature. There exists prima facie material against
the petitioner indicating his involvement in the commission of
the offence.
6. Considering the nature and the gravity of the
offence, this Court is not inclined to grant regular bail to the
petitioner.
7. Accordingly, this application for regular bail stands
dismissed.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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