Patna High Court
Lav Kush KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied as the nature of the accusation and the traceless status of the victim warranted denial.
Summary
Petitioner Lav Kush Kumar was implicated in a kidnapping case (PS Case No. 306 of 2024) under Sections 137(2), 87 and 3(5) of the Bharatiya Nyaya Sanhita. The prosecution alleged that the informant’s daughter was abducted on 26 November 2024 and that the petitioner, along with other accused, was involved. The petitioner contended that he was falsely implicated solely because he is the brother of co‑accused Kaushal Kumar and asserted a clean antecedent. He applied for anticipatory bail fearing arrest. The court examined the seriousness of the accusation and the fact that the victim remained missing. Consequently, the court refused the petition for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a kidnapping case where the victim is still missing
- Whether the petitioner’s alleged familial connection to another accused justifies a presumption of innocence
Legislation cited
- Bharatiya Nyaya Sanhita — s. 137(2), 3(5), 87
Subjects
- anticipatory bail
- kidnapping
- false implication
- criminal procedure
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73599 of 2025
Arising Out of PS. Case No.-306 Year-2024 Thana- Kadirganj P.S. District- Nawada
======================================================
Lav Kush Kumar S/o Mahendra Thathera R/o vill - Anti, P.S.- Kadirganj,
Distt.- Nawada, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Devendra Prasad Singh, Advocate
For the Opposite Party/s : Dr. Indiwar Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 17-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Kadirganj P. S. Case
No. 306 of 2024 registered for the offences punishable under
Sections 137(2), 87, 3(5) of the Bharatiya Nyaya Sanhita.
3. Prosecution story, in brief, is that on 26.11.2024 at
about 9 AM, daughter of the informant went to school but did
not return till 4 PM. During search, informant came to know
that all the F.I.R. named accused persons, including this
petitioner, kidnapped her daughter who is still traceless.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case merely because he is brother of co-accused Kaushal
Kumar, against whom there is specific accusation of kidnapping.
Petitioner claims clean antecedent.
Patna High Court CR. MISC. No.73599 of 2025(4) dt.17-02-2026
2/2
5. Considering the nature of accusation and the fact
that victim is still traceless, prayer for anticipatory bail of the
petitioner is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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