Lalan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27129 of 2026 Arising Out of PS. Case No.-76 Year-2026 Thana- RAGHOPUR District- Vaishali ====================================================== Lalan Kumar S/o Mishri Ray Resident of Village - Mirampur, Police Station - Raghopur in the District of Vaishali.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar, Advocate For the Opposite Party/s :

Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The accused-petitioner, named in the F.I.R., is apprehending his arrest in connection with Raghopur P.S. Case No. 76 of 2026 registered for the offences punishable under Sections 25(1-b)a, 26 of the Arms Act.

3. As per FIR, there was exchange of firing between the two groups where petitioner was member of one of the group who were fighting over a piece of land. Upon information, police arrived there and making the police personnel as witness, searched the house of the petitioner, whereupon one country made pistol alongwith two live cartridges were recovered upon the roof of his house.

Patna High Court CR. MISC. No.27129 of 2026(2) dt.28-04-2026 2/3

4. Learned counsel appearing on behalf of the petitioner submitted that the FIR categorically suggest that the occurrence took place due to land dispute. It is submitted that petitioner was implicated in connivance with police out of said land dispute. It is pointed out that recovery of country made pistol and live cartridges admittedly made from open roof of the house where petitioner is also one of the member as same is occupied by different adult members of the family.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. In view of the aforesaid factual submissions and by taking note of the fact as admittedly recovery of country made pistol was made from an open place not from physical or constructive possession of this petitioner, accordingly, above-named petitioner, in the event of his arrest/surrender within a period of four weeks from this order, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur/concerned court in

Patna High Court CR. MISC. No.27129 of 2026(2) dt.28-04-2026 3/3 connection with Raghopur P.S. Case No. 76 of 2026, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.").

(Chandra Shekhar Jha, J) Rajeev/- U T