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Patna High CourtCR. MISC./40733/2025bail granted

Lakshman Kumar @ Laxman Kumar v. The State Of Bihar

2025-07-07Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40733 of 2025 Arising Out of PS. Case No.-147 Year-2024 Thana- BIHRA District- Saharsa ====================================================== Lakshman Kumar @ Laxman Kumar Son of Mahendra Yadav Resident of Village - Manahra, P.S.- Bihra, Distt.- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Randhir Kumar No 1, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Bihra P.S. Case No. 147 of 2024 instituted for the offences under Sections 318(4), 336(2), 338, 336(3), 340(2), 352, 351(3) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that, the accused persons fradulently altered the informant's minor son's Aadhaar Card and deceitfully took him to Saharsa, where they coerced him to register the informant's ancestral property.

Patna High Court CR. MISC. No.40733 of 2025(2) dt.07-07-2025 2/3

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that there is a delay of about seven days in lodging the FIR without any plausible explanation, which in itself, raises doubt over the prosecution story. Learned counsel further submitted that no independent witness supported the contents of the FIR and, this petitioner has no role in the transfer of land of the informant. It has been submitted on behalf of the petitioner that the petitioner is in custody since 05.03.2025 and has one criminal antecedent. The co-accused person has already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 18.06.2025 passed in Cr. Misc. No. 37373 of 2025.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, claim based on parity as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.40733 of 2025(2) dt.07-07-2025 3/3 below/concerned Court in connection with Bihra P.S. Case No. 147 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U