Patna High Court
Laukesh Kumar @ Laukesh Kumar Yadav @ Lavkesh Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court held that, given the mutual nature of the fight, simple injuries and the petitioner's clean antecedent, anticipatory bail should be granted subject to conditions under Section 482(2) of the CrPC.
Summary
The petitioner, Laukesh Kumar, was implicated in a case arising from a dispute with a neighbour informant, wherein both parties and their families allegedly assaulted each other, resulting in simple injuries. The petitioner sought anticipatory bail, arguing that the allegations against him were minimal, stemming from prior enmity, and that he had a clean criminal record. The State opposed the bail, citing the seriousness of the offences listed under the Bihar Non‑Specific (BNS) Act. The court observed that the incident was a mutual fight, injuries were simple, and the petitioner had no prior convictions. Consequently, the court granted anticipatory bail on a Rs.10,000 bond with two sureties and conditions under Section 482(2) of the CrPC, subject to verification of antecedents.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences and the circumstances of the dispute.
Legislation cited
- Bihar Non‑Specific (BNS) Act — s. 109, 115(2), 126(2), 303(2), 3(5), 351(2), 352
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Section 482 CrPC
- assault
- mutual enmity
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35534 of 2026
Arising Out of PS. Case No.-227 Year-2025 Thana- THALI District- Nawada
======================================================
Laukesh Kumar @ Laukesh Kumar Yadav @ Lavkesh Kumar Yadav S/o Late
Lallu Yadav Village Patluka, PS Thali, District Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Md. Ejaz Akhtar, Advocate
For the State : Mr. Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 21-05-2026 Heard the learned counsel for the petitioner and the
learned APP for the state.
2. The petitioner apprehends his arrest in connection
with Thali P. S. Case No. 227 of 2025 registered for the offences
punishable under Section 126(2), 115(2), 109, 352, 351(2),
303(2), 3 (5) of the BNS, 2023.
3. As per the prosecution story which has been lodged
on the basis of the written report submitted by the informant to
the effect that on 16.11.2025 at about 10:00 A.M. in the
morning, the petitioner along with his two brothers and mother
removed the khuta of the informant and also damaged his
tractor. When the informant raised objection all the accused
persons started using filthy language against him. Further, the
petitioner along with his mother caught hold the hand of the
informant and thereafter his brothers namely Akhilesh Kumar
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and Shailesh Kumar, with an intention to kill the informant,
assaulted him with iron rod. They also assaulted on the head of
the son of the informant due to which both of them sustained
injuries. It is further alleged that when both the father and son
fell down on the ground, all the accused persons assaulted them
with sticks and fists.
4. The learned counsel for the petitioner submits that
the petitioner has been implicated in the present case due to
previous enmity in between the parties. He further submits that
the only allegation against the petitioner is that he was holding
the hand of the informant and the allegation of assault is not
there against the petitioner. The true fact is that the petitioner
and the informant are neighbors and dispute arose in between
the parties with respect to construction of the house of the
petitioner, for which fight between the parties happened. The
mother of the petitioner also lodged Thali P.S. Case No. 226 of
2025 under different sections of the BNS against the informant
and others. He further submits that the injuries sustained by the
injured have been found to be simple in nature by the treating
doctor. He further submits that the petitioner has got a clean
antecedent.
5. Per contra, the learned APP for the State opposes
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the prayer for bail of the petitioner.
6. Having heard the rival submissions and after going
through the records, it appears that there was free fight between
the parties for which case and counter case was lodged. The
mother of the petitioner also lodged a case in which the
informant side has been made an accused. Both the sides have
suffered injuries. From the injury report which has been brought
vide Annexure P-4 to the present anticipatory bail application, it
appears that the doctor has found the injuries to be simple in
nature. The petitioner has got a clean antecedent.
7. Considering the above, let the petitioner, above
named, in the event of his arrest or surrender within a period of
six weeks, 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 learned S.D.J.M., Nawada in
connection with the Thali P.S. Case No. 227 of 2025, subject of
the conditions as laid down under Section 482(2) of the BNSS,
with a further condition that :
The learned Court concerned shall verify the
criminal antecedent of the petitioner and in case at any stage, it
is found that the petitioner has concealed his criminal
antecedent, the court concerned shall take steps for cancellation
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of bail bond of the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
(Ritesh Kumar, J)
priyanka/-
U T
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