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Patna High Court

Lawkesh Kumar @ Lawkesh Kumar KushwahaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Lawkesh Kumar, was accused in a case registered under multiple sections of the Indian Penal Code, including serious offences such as murder and robbery. He had earlier been granted bail by a coordinate bench, but the bail bonds were not accepted because he had failed to disclose all pending criminal cases against him. In the present application, the petitioner fully disclosed all his cases, and the court considered whether bail should be restored despite the earlier suppression. The court held that, given the disclosure and the earlier grant of bail, the petitioner is entitled to bail subject to strict conditions. Accordingly, the court ordered his release on bail of Rs.10,000 with two sureties, required weekly attendance at the police station, and warned that any default would lead to cancellation of bail. The order was limited to the bail application and did not prejudice the merits of the trial.

Issues considered

  • Whether bail should be granted to the petitioner despite his earlier suppression of pending criminal cases
  • Whether the conditions imposed are sufficient to ensure the petitioner’s cooperation with the trial

Legislation cited

Subjects

  • bail
  • suppression of information
  • Indian Penal Code
  • criminal procedure
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21749 of 2026
                   Arising Out of PS. Case No.-296 Year-2022 Thana- RAXAUL District- East Champaran
                 ======================================================
                 Lawkesh Kumar @ Lawkesh Kumar Kushwaha Son of Late Mangal Mahto
                 Resident of village Haraiya, P.S.- Raxaul, District - East Champaran,
                 Motihari.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Rajesh Kumar, Advocate
                 For the State           :        Mr.Madhura Nand Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   07-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with Raxaul

                   (Haraiya) P.S. Case No. 296 of 2022 registered for the offence

                   punishable under Sections 147, 148, 149, 341, 323, 324, 326,

                   302, 379, 504 and 506 of the Indian Penal Code.

                                 3. The petitioner was granted bail by a co-ordinate

                   Bench of this Court vide order dated 21.04.2023 passed in Cr.

                   Misc. No. 60051 of 2022. The bail bonds of the petitioner was

                   not accepted because he has suppressed some of the cases in

                   which he is an accused. Now the petitioner has mentioned all

                   the criminal cases in para-3 of the petition.

                                 4. Considering the fact that the petitioner was earlier
           Patna High Court CR. MISC. No.21749 of 2026(2) dt.07-04-2026
                                                       2/2




                     granted bail by a co-ordinate Bench of this Court,                   this

                     application is allowed.

                                   5. Let the petitioner, above named, be released on bail

                     on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

                     sureties of the like amount each to the satisfaction of the learned

                     A.D.J.-IV, East Champaran, Motihari in connection with

                     Raxaul (Haraiya) P.S. Case No. 296 of 2022, subject to the

                     condition that the petitioner will co-operate in the trial.

                                   6. The petitioner will also mark attendance in Raxaul

                     Police Station, District- East Champaran, Motihari on every

                     Sunday of the month. Any default in appearance at the Police

                     Station would result in cancellation of bail bonds of the

                     petitioner.

                                   7. It is, however, clarified that the observations made

                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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