Patna High Court
Luv Kumar @ Lab Kumar @ Ranjan KumarversusThe state of bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the allegations were too general and did not specifically implicate the petitioner in the outrage of modesty, warranting the grant of bail.
Summary
The petitioner, Luv Kumar, was named in an FIR for alleged assault on an informant, his family, and co‑accused, as well as an alleged outrage of modesty, under multiple sections of the BNS. The petitioner’s counsel argued that the assault allegations were vague and general, that the injury to the informant’s head was simple, negating any prima‑facie intent to cause death, and that the charge of outraging modesty applied only to a co‑accused, not to him. The State opposed the bail application. The court observed that the allegations of physical assault were indeed omnibus and that the modesty charge was not made out against the petitioner, also noting his clean antecedent. Consequently, the court directed that the petitioner be released on bail upon surrender within four weeks, subject to a bail bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the BNSS. The order was pronounced by Justice Chandra Shekhar Jha.
Issues considered
- Whether the allegations against the petitioner constitute sufficient grounds to deny bail.
- Whether the charge of outraging modesty can be attributed to the petitioner.
- Whether the nature of the alleged assault indicates an intention to cause death.
Legislation cited
- Bihar Criminal Procedure Code (BNSS) — s. 482(2)
- Bihar Penal Code (BNS) — s. 109(1), 115(2), 126(2), 303(2), 3(5), 351(3), 352, 74
Subjects
- bail
- assault
- outraging modesty
- general allegations
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40815 of 2026
Arising Out of PS. Case No.-90 Year-2026 Thana- DEEPNAGAR District- Nalanda
======================================================
Luv Kumar @ Lab Kumar @ Ranjan Kumar S/O Late Dayanand Singh R/O
Village Fatehli, P.S Deepnagar, District Nalanda.
... ... Petitioner/s
Versus
The state of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Priyanka Singh
For the Opposite Party/s : Mr.Amitesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-06-2026 Heard the parties.
2. The petitioner is named in the F.I.R. and
apprehending his arrest in connection with Deepnagar P.S. Case
No. 90/2026 registered for the offences punishable under
Sections 126(2), 115(2), 109(1), 303(2), 74, 352, 351(3) and
3(5) of the BNS.
3. The allegation against petitioner is to assault
informant and family members along with named co-accused
persons and also to outrage the modesty of the informant.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that the assault as alleged to be made by
this petitioner appears general and omnibus in nature and
moreover, nature of injury as alleged to be caused upon head of
informant found simple in nature, negating prima-facie intention
to cause death. It is further pointed out that allegation qua
Patna High Court CR. MISC. No.40815 of 2026(2) dt.24-06-2026
2/2
outraging modesty of informant is specifically available against
co-accused Pawan Kumar. Petitioner claimed clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact as allegation qua physical assault is appearing
very much general and omnibus in nature, where allegation of
outraging modesty is not available against this petitioner,
accordingly petitioner above-named, in the event of his arrest or
surrender before the court below within a period of four weeks, is
directed to be released on bail, furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of the learned CJM,
Biharsharif/concerned Court, where the case is pending in
connection with Deepnagar P.S. Case No. 90/2026, subject to
the conditions as laid down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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