Patna High Court
Lavkesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with a bond and specific conditions.
Summary
Lavkesh Kumar was arrested on 19 July 2025 in connection with a case alleging that he assaulted an informant’s father with a brick, causing injury, under Sections 103(1) and 3(5) of the B.N.S. The petitioner claimed innocence, arguing that the FIR was fabricated, the informant was not an eye‑witness, and the medical evidence did not support the charge. The prosecution opposed bail, citing a prior criminal antecedent and the seriousness of the alleged offence. The court examined the material facts, the lack of corroborative evidence, and the petitioner’s right to liberty. It granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be implemented by the Judicial Magistrate of East Champaran.
Issues considered
- What is the appropriateness of granting bail to the petitioner in light of the alleged assault under Sections 103(1) and 3(5) of the B.N.S. and his prior criminal antecedent?
Legislation cited
- B.N.S. — s. 103(1), 3(5)
Subjects
- bail
- assault
- criminal antecedent
- Section 103(1) B.N.S.
- Section 3(5) B.N.S.
- postmortem evidence
- evidence tampering
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77013 of 2025
Arising Out of PS. Case No.-332 Year-2025 Thana- KESARIA District- East Champaran
======================================================
Lavkesh Kumar Son of Vishwanath Sahni Resident of Village- Sundrapur
Malahi Tola, P.S.- Bijdhari, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Ray, Advocate
Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 21-01-2026 Heard Mr. Abhishek Kumar, learned counsel for the
petitioner and Mr. Anil Kumar, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
19.07.2025 in connection with Kesariya P.S. Case No. 332 of
2025, F.I.R. dated 18.07.2025 for the offences punishable under
Sections 103(1), 3(5) of the B.N.S.
3. According to prosecution case, petitioner and other
co-accused persons are alleged to have assaulted the informant’s
father with brick due to which he sustained injuries on his
testicle.
4. Learned counsel for the petitioner submits that
petitioner is innocent and the allegation as alleged in the F.I.R.
is false and fabricated and petitioner has not committed any
offence as alleged in the F.I.R. From a bare perusal of FIR it
Patna High Court CR. MISC. No.77013 of 2025(3) dt.21-01-2026
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appears that the informant is not an eye-witness of the alleged
occurrence and date of occurrence as alleged in the FIR is
16.07.2025 but the present F.I.R. has been instituted on
18.07.2025 and before lodging of the F.I.R., postmortem was
conducted on 17.07.2025 which suggest that postmortem was
conducted before lodging of the present F.I.R. and the
allegationas as alleged in the F.I.R. does not support by the
medical evidence. He further submits that the police after
investigation, submitted chargesheet against the petitioner and
the petitioner is in custody since 19.07.2025.
5. Learned APP has vehemently opposed the prayer
for bail of the petitioner and submits that the petitioner carries
one more criminal antecedent other than the present one but
fairly submits on the basis of paragraph 3 of the bail petition
that the petitioner is on bail in the pending matter.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Judicial
Magistrate, East Champaran, Motihari in connection with
Kesariya P.S. Case No. 332 of 2025, with the following
conditions:
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i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
iii. And further condition that the court below 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 below shall take step for
cancellation 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.
(Rajesh Kumar Verma, J)
Ranjeet/-
U T
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