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Patna High Court

Lav Kumar @ Bablu Kumar @ Boublu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
                 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
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                  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
                                                          4/4




                        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/-

U         T


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