Lakhindra Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48329 of 2026 Arising Out of PS. Case No.-458 Year-2025 Thana- MAHUA District- Vaishali ====================================================== Lakhindra Das Son of Laxmi Das Resident of Village- Hasanpur Osti, P.S.- Mahua, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pranav Kumar Jha, Subodh Kr. Jha, Advocates For the Opposite Party/s :

Mr. Ajay Kumar No. 2, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-07-2026 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 96, 115(2), 126(2), 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita.

3. As per the prosecution case, the informant alleged that co-accused Aman Kumar used to talk with the informant's daughter over phone. When the informant came to know about this, she went to confront this petitioner, who is maternal uncle of co-accused Aman Kumar. Thereafter, this petitioner and coaccused Manish Kumar allegedly thrashed her and threatened to kidnap her daughter. It is further alleged that on 08.04.2025, coaccused Manish Kumar and two other accused persons came and forcibly took away the informant's daughter. He also assaulted the informant and threatened to kill her.

Patna High Court CR. MISC. No.48329 of 2026(2) dt.29-07-2026 2/3

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Allegation of assault is general and omnibus. Specific accusation is against co-accused Aman Kumar and petitioner has falsely been implicated in this case merely because he happens to be maternal uncle of co-accused Aman Kumar and father of coaccused Manish Kumar. It is further submitted that during trial of one of the co-accused in S.T. No. 485 of 2025, victim was declared hostile by the prosecution and she did not support the prosecution case. Petitioner claims clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering backdrop of the case, nature of accusation, clean antecedent and the fact that victim has been declared hostile, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of his arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions Judge-VI-cum-Special Judge, POCSO Act, Vaishali at Hajipur in connection with Mahua P. S. Case No. 458 of 2025

Patna High Court CR. MISC. No.48329 of 2026(2) dt.29-07-2026 3/3 corresponding to Sessions Trial No. 485 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) Navya/- U T