Patna High Court
Lawkesh Kumar @ Lawkesh Kumar KushwahaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Indian Penal Code — s. 147, 148, 149, 302, 323, 324, 326, 341, 379, 504, 506
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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