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Patna High CourtCR. MISC./89558/2025allowed

Lalu Kumar v. The State Of Bihar

2026-01-15Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89558 of 2025 Arising Out of PS. Case No.-147 Year-2025 Thana- MAHESHKHUNT District- Khagaria ====================================================== Lalu Kumar Son of Late Baudhu Yadav R/o - Chukti, P.S. - Mansi, District - Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 15-01-2026 Heard learned counsel for the petitioner and Mr. Uma Shankar Prasad Singh, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 25(1-b)(a), 26 and 35 of the Arms Act.

3. The case of the prosecution, in short, is that on 30.09.2025 at 01:00 A.M., the informant along with other police officials were on night patrolling. After that they saw two boys sitting on a bike and after seeing the police car, the two boys started fleeing away. On being apprehended, they disclosed their name as Lalu Kumar (the petitioner) and Ranbir Kumar. From the left pocket of the jean wore by the petitioner, one loaded country made pistol and one live cartridge were recovered. After that the petitioner was taken to police custody.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.89558 of 2025(2) dt.15-01-2026 2/2 that the nature of allegation is general and omnibus. Learned counsel for the petitioner has submitted that nothing has been recovered from the possession of this petitioner. The witnesses of the seizure list are police personnel and police has not complied Section 105 of the BNSS while making seizure. Learned counsel for the petitioner has further submitted that the petitioner is in judicial custody since 01.10.2025.

5. Learned Additional Public Prosecutor for the State has vehemently opposed the bail of the petitioner and has submitted that the petitioner is having criminal antecedent of one case of similar nature.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Maheshkhunt P.S. Case No. 147 of 2025 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Khagaria.

(Ashok Kumar Pandey, J) durgesh/- U T