Lallu Kumar @ Lalu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58246 of 2025 Arising Out of PS. Case No.-383 Year-2024 Thana- GHORASAHAN District- East Champaran ====================================================== Lallu Kumar @ Lalu Kumar S/o- Sukdev Rai @ Sukh Dev Prasad Yadav Village- Yadav Tola Kadamwa Ps- Ghorasahan Dist- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Adv.
Mr. Hemant Ray, Adv.
For the Opposite Party/s :
Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-09-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Ghorasahan P.S. Case No. 383 of 2024 registered for the offences punishable under Sections 310(4), 310(5) and 112 of the BNS, 2023 read with Sections 25(1-B)A, 26 and 35 of the Arms Act.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that Rantu and Sachin were arrested and from possession of Rantu, a country made pistol with cartridges were recovered along with a mobile, further he disclosed that the gun has been given by Bhola Ray, the gang leader, and Lalu, Akash and Bhola
Patna High Court CR. MISC. No.58246 of 2025(2) dt.04-09-2025 2/3 fled.
4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot as such nothing was recovered from his conscious possession and his name transpired in the confessional statement of apprehended accused in police custody which does not have any evidentiary value.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that the investigation of the case is in its nascent stages and in the event if privilege of anticipatory bail is granted, the petitioner may abscond, on which the learned counsel appearing on behalf of the petitioner submits that petitioner will not abscond rather will co-operate in the investigation to prove his innocence.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
7. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where
Patna High Court CR. MISC. No.58246 of 2025(2) dt.04-09-2025 3/3 the case is pending/successor court in connection with Ghorasahan P.S. Case No. 383 of 2024 subject to the conditions as laid down under Section 482 (2) of BNSS.
8. One of the bailors of the petitioner shall be his father, Sukdev Rai @ Sukdev Prasad Yadav.
9. However, it is made clear that in the event if the Investigating Officer of the case files an application before the learned Trial Court bringing to its notice that petitioner despite giving assurance to this Court is not co-operating in the investigation, in that event the learned Trial Court shall be at liberty to forthwith cancel the bail bonds of the petitioner.
10. It is further made clear that if charge sheet is submitted connecting the petitioner with the offence, apart from confession, in that event the present anticipatory bail order shal lose its effect.
11. Let a copy of this order be sent to the concerned police station through the learned Trial Court.
12. Accordingly, the instant anticipatory bail application stands allowed.
(Satyavrat Verma, J) Rishabh/- U T