Lalan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62313 of 2025 Arising Out of PS. Case No.-182 Year-2025 Thana- DAWATH District- Rohtas ====================================================== 1.

Lalan Singh son of Late Dudhnath Singh Resident of Village- Agrer Kala PS -Surypura District -Rohtas 2.

Sonu Singh @ Sonu Kumar son of Lalan Singh Resident of Village- Agrer Kala PS -Surypura District -Rohtas At P/A- Residing at Village- Chatara, PsDawath, Dist- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Mishra, Adv For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 28-11-2025 Heard the parties.

2. The petitioners seeks bail in connection with Dawath P.S. Case No. 182 of 2025 registered for the offences under Sections 25(1-B) (a), 26 and 35 of the Arms Act.

3. Both petitioners are named in the F.I.R. and are in custody since 11.06.2025.

4. As per FIR, petitioners found in possession of certain arms i.e., one double barrel gun, one country made pistol and 44 live cartridges, while he was alleged to run a

Patna High Court CR. MISC. No.62313 of 2025(4) dt.28-11-2025 2/3 roadside dhaba.

5. Learned counsel appearing on behalf of the petitioners submitted that petitioner no. 1 is a retired Indian army personnel, where after his retirement he started his own business by opening a roadside dhaba. It is submitted that seized double barrel gun belongs to this petitioner having valid arms license. It is pointed out that just to implicate petitioner falsely with the present case the country-made pistol and live cartridges shown to be recovered from his possession, otherwise persons having a licensed double barrel gun have no occasion to possess one country made pistol and live cartridges. While concluding the argument it is submitted that, petitioners found involved in one more criminal case with same informant, where they are on bail and moreover, investigation of this case has already completed, and as such, there is no chance of tampering with the evidence.

6. Learned APP appearing on behalf of the State, opposes the prayer for bail.

7. In view of aforesaid factual submission and by taking note of overall accusations, where primarily recovery of

Patna High Court CR. MISC. No.62313 of 2025(4) dt.28-11-2025 3/3 alleged arms not appears to be made from conscious physical possession of these petitioners, coupled with the fact as petitioners remains in custody since 11.06.2025, accordingly both above named petitioners, are directed to be released on bail in connection with Dawath P.S. Case No. 182 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bikramganj, Rohtas/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S.

(Chandra Shekhar Jha, J.) S.Tripathi/- U T