Lakhan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31692 of 2026 Arising Out of PS. Case No.-498 Year-2025 Thana- DINARA District- Rohtas ====================================================== Lakhan Kumar son of Dhanji Ram @ Dhanjee Kumar @ Pappu Chaudhary Resident of village- Dinara, P.S. - Dinara, District - Rohtas ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nagendra Upadhyay, Advocate For the Opposite Party/s :

Mr. Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 12-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Dinara P.S. Case No.498 of 2025 registered for the offence punishable under Sections 103(1) & 3(5) of the BNS and under Section 27 of the Arms Act.

3. The case of the prosecution, in short, is that the petitioner along with others has called the son of the informant and son of the informant has went with them. After sometime, when the son of the informant did not return, the informant called him but he did not received the call. In the next morning, he came to know that his son has been killed by firing.

4. Learned counsel appearing on behalf of the petitioner has submitted that from perusal of the FIR itself it is

Patna High Court CR. MISC. No.31692 of 2026(2) dt.12-05-2026 2/2 clear that it is a case of circumstantial evidence. Informant is not the eye witness; the case of the prosecution is based merely on last seen theory. Save and except that the petitioner has called the deceased on the date of occurrence and the deceased had followed him along with two others, there is nothing against the petitioner. It has further been submitted that the petitioner is having no criminal antecedent and he is in judicial custody since 20.11.2025.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the court of learned Additional Chief Judicial District and Additional Sessions Judge, 1st Bikramganj, District - Rohtas, in connection with Dinara P.S. Case No.498 of 2025.

(Ashok Kumar Pandey, J) durgesh/- U T