Patna High Court
Lav Kumar @ Genauri Yadav @ Labh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to both petitioners.
Summary
Lav Kumar and Kush Yadav were arrested in connection with an alleged assault on the husband of an informant, involving the use of a firearm and a sword, and charged under multiple sections of the B.N.S. and Section 27 of the Arms Act. The prosecution claimed the accused fired a weapon and inflicted injuries, while the defence argued that the injuries described (a bruise) could not have been caused by a sword and that there was no allegation of assault against Lav Kumar. The petitioners had been in judicial custody since 8 October 2025 and sought regular bail. After hearing both sides, the court found the evidence insufficient to deny bail and considered the length of custody. Consequently, the court ordered the release of both petitioners on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties each.
Issues considered
- Whether the petitioners are entitled to regular bail despite charges under sections 329(3), 126(2), 115(2), 118(1), 117(2), 109, 352, 351(2), 3(5) of the B.N.S. and Section 27 of the Arms Act.
- Whether the injury evidence supports the allegation of assault with a sword.
Legislation cited
Subjects
- regular bail
- bail
- assault
- deadly weapon
- Arms Act
- criminal procedure
- injury evidence
- Indian Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89916 of 2025
Arising Out of PS. Case No.-388 Year-2024 Thana- SHEKHPURA District- Sheikhpura
======================================================
1. Lav Kumar @ Genauri Yadav @ Labh Kumar, Son of Late Saryug Yadav,
Resident of Vill.- Kare, P.S- Sheikhpura, Dist- Sheikhpura
2. Kush Yadav @Kush Kumar @Dhuri Yadav, Son of Late Saryug Yadav,
Resident of Vill.- Kare, P.S- Sheikhpura, Dist- Sheikhpura (father's name
wrongly mentioned in the F.I.R. as Bhunesar Yadav)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pratik Mishra, Advocate
For the Opposite Party/s : Mr. Rajendra Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 22-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under Sections
329(3), 126(2), 115(2), 118(1), 117(2), 109, 352, 351(2) and
3(5) of B.N.S. and Section 27 of the Arms Act.
3. The case of the prosecution is that the petitioners
and others armed with deadly weapon assaulted the informant’s
husband brutally. The allegation against the petitioner Lav
Kumar is that he has resorted to firing and fled away and the
allegation against Petitioner Kush Yadav is that he has assaulted
with sword on the right hand of the informant’s husband due to
Patna High Court CR. MISC. No.89916 of 2025(2) dt.22-01-2026
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which he has received cut injury.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence. There
is no allegation of assault against the accused Lav Kumar. So far
as petitioner Kush Yadav is concerned, it has been submitted
that from perusal of the injury report it is clear that there is one
bruise 10”x2” on the right arm. Regarding this injury, no
opinion was given by the doctor. It has been submitted that the
allegation is that the petitioner Kush has assaulted with sword
on the right arm. Sword is a sharp cutting weapon and the nature
of injury is bruise which cannot be caused by sharp cutting
weapon. Moreover, the petitioners are languishing in judicial
custody since 08.10.2025.
5. Learned APP appearing for the state and learned
counsel for the informant have vehemently opposed the prayer
of regular bail. Learned counsel for the informant has submitted
that the accused persons have caused seven injuries on the
person of Manu Yadav the husband of the informant and
petitioners are assailant.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioners on bail. The above named
Patna High Court CR. MISC. No.89916 of 2025(2) dt.22-01-2026
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petitioners are directed to be released on bail in connection with
Sheikhpura P.S. Case No. 388 of 2024 on furnishing bail bond
of Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned C.J.M., Sheikhpura.
(Ashok Kumar Pandey, J)
lata/-
U T
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