Patna High Court
Lavkush KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court allowed the bail application, directing the petitioner’s release on bail with specified conditions.
Summary
Lavkush Kumar was arrested on 11 October 2025 in connection with a case alleging that he, along with co‑accused, collected mobile numbers and lured the public into taking online loans in the name of Dhani Finance, violating several provisions of the Bharatiya Nyay Sanhita, 2023 and the Information Technology Act. The petitioner pleaded that he has a clean antecedent and that his name was recorded only on the basis of statements made by apprehended co‑accused, with no other material linking him to the offence. The prosecution opposed bail, citing the seriousness of the offences. The court examined the lack of direct evidence against the petitioner and his clean record, and consequently granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Judicial Magistrate‑I, Nawada.
Issues considered
- Whether bail should be granted to the petitioner despite the serious nature of the offences alleged under the Bharatiya Nyay Sanhita and the IT Act.
- Whether the disclosures of co‑accused persons constitute sufficient basis to sustain the charge against the petitioner.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 318(4), 319(2), 336(3), 338, 340(2), 3(5), 61(2)
- Information Technology Act — s. 66(B), 66(D)
Subjects
- bail
- criminal procedure
- cybercrime
- fraud
- evidence
- Bharatiya Nyay Sanhita
- Information Technology Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90850 of 2025
Arising Out of PS. Case No.-207 Year-2025 Thana- WARISLIGANJ District- Nawada
======================================================
Lavkush Kumar S/o Avadh Thanti @ Awadh Tanti R/o Village - Tanti
Mirbigha, P.S - Warisaliganj, District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-01-2026 Heard Mr. Sheo Kumar Prasad, learned counsel for
the petitioner as well as Mr. Kalyan Shankar, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
11.10.2025 in connection with Warisliganj P.S. Case No. 207 of
2025, F.I.R. dated 21.04.2025 for the offences punishable under
Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2), 3(5) of the
Bharatiya Nyay Sanhita, 2023 and 66(B), 66(D) of the IT Act.
3. According to prosecution case, it is alleged that the
petitioner along with other accused persons used to collect
mobile number etc from customer data and make contact and
allure to public in the name of Dhani Finance and services of
providing online loan.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.90850 of 2025(2) dt.13-01-2026
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petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation levelled against
the petitioner is false and fabricated. From bare perusal of the
FIR it appears that the petitioner was not apprehended at the
place of occurrence rather his name transpired on the basis of
disclosure made by apprehended co-accused persons, namely,
Vinay Kumar, Itesh Kumar, Rohit Kumar and others and except
the disclosure made by apprehended co-accused persons, no
other cogent material has come during investigation which
suggest the involvement of the petitioner in the present
occurrence. He further submits that the police after investigation
submitted the charge sheet against the petitioner and the
petitioner is in custody since 11.10.2025.
5. The learned Additional Public Prosecutor have
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and his name transpired on the
basis of disclosure made by apprehended co-accused persons,
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-I Class, Nawada in connection with Warisliganj P.S.
Patna High Court CR. MISC. No.90850 of 2025(2) dt.13-01-2026
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Case No. 207 of 2025, subject to the following conditions:-
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 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)
Suruchi/-
U T
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