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Patna High CourtCR. MISC./35534/2026bail granted

Laukesh Kumar @ Laukesh Kumar Yadav @ Lavkesh Kumar Yadav v. The State Of Bihar

2026-05-21Mr. Justice Ritesh Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35534 of 2026 Arising Out of PS. Case No.-227 Year-2025 Thana- THALI District- Nawada ====================================================== Laukesh Kumar @ Laukesh Kumar Yadav @ Lavkesh Kumar Yadav S/o Late Lallu Yadav Village Patluka, PS Thali, District Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Ejaz Akhtar, Advocate For the State :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 21-05-2026 Heard the learned counsel for the petitioner and the learned APP for the state.

2. The petitioner apprehends his arrest in connection with Thali P. S. Case No. 227 of 2025 registered for the offences punishable under Section 126(2), 115(2), 109, 352, 351(2), 303(2), 3 (5) of the BNS, 2023.

3. As per the prosecution story which has been lodged on the basis of the written report submitted by the informant to the effect that on 16.11.2025 at about 10:00 A.M. in the morning, the petitioner along with his two brothers and mother removed the khuta of the informant and also damaged his tractor. When the informant raised objection all the accused persons started using filthy language against him. Further, the petitioner along with his mother caught hold the hand of the informant and thereafter his brothers namely Akhilesh Kumar

2/4 and Shailesh Kumar, with an intention to kill the informant, assaulted him with iron rod. They also assaulted on the head of the son of the informant due to which both of them sustained injuries. It is further alleged that when both the father and son fell down on the ground, all the accused persons assaulted them with sticks and fists.

4. The learned counsel for the petitioner submits that the petitioner has been implicated in the present case due to previous enmity in between the parties. He further submits that the only allegation against the petitioner is that he was holding the hand of the informant and the allegation of assault is not there against the petitioner. The true fact is that the petitioner and the informant are neighbors and dispute arose in between the parties with respect to construction of the house of the petitioner, for which fight between the parties happened. The mother of the petitioner also lodged Thali P.S. Case No. 226 of 2025 under different sections of the BNS against the informant and others. He further submits that the injuries sustained by the injured have been found to be simple in nature by the treating doctor. He further submits that the petitioner has got a clean antecedent.

5. Per contra, the learned APP for the State opposes

3/4 the prayer for bail of the petitioner.

6. Having heard the rival submissions and after going through the records, it appears that there was free fight between the parties for which case and counter case was lodged. The mother of the petitioner also lodged a case in which the informant side has been made an accused. Both the sides have suffered injuries. From the injury report which has been brought vide Annexure P-4 to the present anticipatory bail application, it appears that the doctor has found the injuries to be simple in nature. The petitioner has got a clean antecedent.

7. Considering the above, let the petitioner, above named, in the event of his arrest or surrender within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Nawada in connection with the Thali P.S. Case No. 227 of 2025, subject of the conditions as laid down under Section 482(2) of the BNSS, with a further condition that :

The learned Court concerned 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 concerned shall take steps for cancellation

4/4 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. (Ritesh Kumar, J) priyanka/- U T