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Patna High Court

Lavkesh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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:
            Patna High Court CR. MISC. No.77013 of 2025(3) dt.21-01-2026
                                                        3/3




                                   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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