Allowed¶28

Laltu Kumar v. The State of Bihar

Patna HC16 Jul 2026CR. MISC./25409/2026

Case brief

AI extract

What is this about?

Anticipatory bail; Patna High Court; CR. MISC. No.25409 of 2026; Chandra Shekhar Jha, J.; Laltu Kumar v. The State of Bihar; Supaul P.S. Case No.74 of 2026; Sections 111(3), 111(4) Bharatiya Nyaya Sanhita 2023; Sections 25(1-B)(a), 26, 35 Arms Act; country-made pistol; live cartridge; car Registration No.BR11B58943; constructive/physical possession; implication with aid of vehicle number; bail bond Rs.10,000/- with two sureties; Section 438(2) CrPC; Section 482(2) BNSS; C.J.M. Supaul; order dated 16-07-2026.

What did the court decide?

Anticipatory bail: release on bail upon arrest or surrender within four weeks, on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned C.J.M., Supaul, subject to conditions under Section 438(2) CrPC / Section 482(2) BNSS. ¶28

Laltu Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail should be granted to the petitioner, who is named in the FIR in Supaul P.S. Case No.74 of 2026 and apprehends arrest. +1 more

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Court's answer

Anticipatory bail granted: in the event of arrest or surrender in the court below within four weeks, the petitioner is to be released on bail on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned C.J.M., Supaul, subject to the conditions under Section 438(2) CrPC / Section 482(2) BNSS.

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Ratio / Principle

The factual aspects of the case prima facie do not suggest that the alleged recovery of the firearm was made from the constructive/physical possession of the petitioner; the implication of the petitioner appears with the aid of the vehicle number.

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Detailed headnote1 paragraphs

Anticipatory bail allowed (Chandra Shekhar Jha, J., 16-07-2026): Laltu Kumar, named in the FIR in Supaul P.S. Case No.74 of 2026 under Sections 111(3), 111(4) of the Bharatiya Nyaya Sanhita, 2023 and Sections 25(1-B)(a), 26 and 35 of the Arms Act, apprehended arrest after one country-made pistol with one live cartridge was recovered from the back seat of his car (Regn. No.BR11B58943). The Court held that the factual aspects prima facie did not suggest that the recovery was made from the petitioner's constructive/physical possession, the implication appearing with the aid of the vehicle number; accordingly directed release on bail on arrest or surrender within four weeks on a bail bond of Rs.10,000/- with two like sureties to the satisfaction of the learned C.J.M., Supaul, subject to the conditions under Section 438(2) CrPC / Section 482(2) BNSS.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25409 of 2026

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Arising Out of PS. Case No.-74 Year-2026 Thana- SUPAUL District- Supaul

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======================================================

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Laltu Kumar, S/o Ramlakhan Yadav, Resident of village - Kharail Punarwas, Ward No. 16, Police Station - Supaul, District - Supaul

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... ... Petitioner

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Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Arun, Advocate For the Opposite Party/s : Mr. Zainul Abedin, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

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3 16-07-2026

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Heard learned counsel for the petitioner and

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learned Additional Public Prosecutor for the State.

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The accused/petitioner is named in the FIR and

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apprehending his arrest in connection with Supaul P.S. Case No.74 of 2026 registered under Sections 111(3), 111(4) of

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the Bharatiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’) and Sections 25(1-B) (a), 26 and 35 of the Arms Act.

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As per FIR, one country-made pistol with one

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live cartridge were recovered from the back seat of the car

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belongs to this petitioner bearing Registration No.BR11B58943.

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It is submitted by learned counsel appearing

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for petitioner that the petitioner has been implicated with

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Patna High Court CR. MISC. No.25409 of 2026(3) dt.16-07-2026 2/3

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recovery of the country-made pistol only for the reason that same was recovered from his car. It is pointed out that as per case of prosecution he was not said to present inside the

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car or even to run away from the place of recovery. His name was also not disclosed by apprehended co-accused persons. It is submitted that as in good faith, the petitioner provided his car to one of the co-accused for his personal

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use and it was not in his knowledge that said person is carrying any illegal country-made firearms, therefore, it can be safely said that recovery was not made from his constructive possession. While explaining criminal antecedent, it is submitted that petitioner found involved in two more criminal cases of petty nature, where he is on bail.

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Learned APP opposed the prayer of bail.

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In view of aforesaid factual submission and by

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taking note of fact as the factual aspects of this case is prima facie not suggesting that the recovery of firearm as alleged was made from constructive/physical possession of this petitioner, whereas the implication appears with aid of

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vehicle no., as discussed aforesaid, accordingly, the

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Patna High Court CR. MISC. No.25409 of 2026(3) dt.16-07-2026 3/3

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petitioner, above-named, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Supaul in connection with Supaul P.S. Case No.74 of 2026, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure (in short ‘CrPC’)/under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short ‘BNSS’).

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(Chandra Shekhar Jha, J.)

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Sanjeet/-

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U T

Laltu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Laltu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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Parties & counsel

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