Patna High Court
Lav Kumar @ Bablu Kumar @ Boublu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Anticipatory bail was granted to the petitioner on the condition of surrender or arrest within six weeks, subject to bail bond and statutory conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Lav Kumar, was implicated in a criminal case (Charpokhari PS Case No. 80 of 2026) involving alleged murder, indiscriminate firing and threats, under Sections 109, 61(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 27 of the Arms Act. The petitioner argued that his name was never mentioned in the FIR and only surfaced a month later through a mobile number linked to alleged threats, contending that such evidence should have been recorded initially if genuine. He also highlighted his clean antecedent and pointed out that a co‑accused had already been granted anticipatory bail by a coordinate bench. The State opposed the grant of anticipatory bail. The Court, noting the delayed emergence of the petitioner’s name, lack of specific incriminating material, and his clean record, ordered that he be released on anticipatory bail if arrested or surrendered within six weeks, subject to a bail bond and several conditions, invoking Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the pending criminal charges.
- Whether the late emergence of the petitioner’s mobile number constitutes sufficient ground for arrest.
- Whether the petitioner’s clean antecedent and the grant of anticipatory bail to a co‑accused influence the decision.
Legislation cited
- Arms Act — s. 27
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 3(5), 482(2), 61(2)
Subjects
- anticipatory bail
- false implication
- mobile number evidence
- clean antecedent
- Section 482
- criminal procedure
- Arms Act
- Bhartiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44619 of 2026
Arising Out of PS. Case No.-80 Year-2026 Thana- CHARPOKHARI District- Bhojpur
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Lav Kumar @ Bablu Kumar @ Boublu Kumar son of Bindhyachal Updhya
Resident of village- Baisadih Baisa Dih, Bhojpur Bijar PS -Piro Dist- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Adv.
Mr. Shivam, Adv.
Ms. Sushmita Mishra, Adv.
For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection
with Charpokhari P.S. Case No. 80 of 2026 dated 20.04.2026
registered for the offence punishable under Section/s 109, 61(2),
3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 27 of the
Arms Act.
3. As per the prosecution case, the informant's mother
died after being hit by a motorcycle allegedly driven by Shanni
Sharma, who was later facilitated to escape by co-accused Niraj
Kumar @ Mangni. It is further alleged that the accused persons
subsequently opened indiscriminate fire, causing injuries to the
informant and another person.
Patna High Court CR. MISC. No.44619 of 2026(2) dt.08-07-2026
2/4
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The petitioner is not named in the F.I.R. while the
name of the petitioner got transpired in this case on the basis of
materials put-forth through an application, which is said to have
been filed after one month of Fardbeyan, in which mobile
number of the petitioner was mentioned, through which
threatening was said to have been made. It is the case of the
petitioner that if the allegations were true then such mobile
number should have been mentioned in the Fardbeyan itself and
there was no occasion for such numbers coming during
investigation, that too, after one month of the institution of the
F.I.R. It has next been submitted that the allegation of
indiscriminate firing is against unknown and the petitioner has
clean antecedent. It has further been submitted that the specific
allegation of threatening and conspiracy being hatched and other
things being maneuvered is against the co-accused Brajesh
Kumar @ Rohit Kumar who has already been granted privilege
of anticipatory bail vide order dated 30.06.2026 passed by a Co-
ordinate Bench of this Court in Cr. Misc. No. 40353 of 2026.
5. Learned APP for the State opposes the prayer for grant
of anticipatory bail.
Patna High Court CR. MISC. No.44619 of 2026(2) dt.08-07-2026
3/4
6. Having heard learned counsel for the parties and
considering the fact that the name of the petitioner has
transpired in this case after one month of the registration of the
F.I.R. and that too by referring to the mobile number while there
is nothing specific against the petitioner and the petitioner
having clean antecedent and, as also, the co-accused having
been granted privilege of anticipatory bail by a Co-ordinate
Bench of this Court, let the petitioner, above named, be released
on anticipatory bail in the event of his arrest or surrender before
the court below within a period of six weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate, 1st Class, Bhojpur at Ara in
connection with Charpokhari P.S. Case No. 80 of 2026, subject
to the condition as laid down under Section 482(2) of the
B.N.S.S. as well as the following conditions:
(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document / personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his bail
Patna High Court CR. MISC. No.44619 of 2026(2) dt.08-07-2026
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bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Ajit Kumar, J)
rishi/-
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