Lavkush Kumar @ Bithal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59518 of 2025 Arising Out of PS. Case No.-92 Year-2025 Thana- Kinjar District- Arwal ====================================================== 1.

Lavkush Kumar @ Bithal son of Upendra Paswan Village- Jagdev Nagar (Dadhapar) PS- Kinjar Distt -Arwal 2.

Chhotu Kumar @ Badhwa son of Umesh Paswan Resident of VillageRamchandra Bigha, ps- Kinjar, Dist- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 26-09-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in connection with Kinjar P.S. Case No. 92 of 2025 instituted for the offences under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023.

3. Prosecution case, in short, is that on the alleged date and time, when the informant was on his way, three unknown miscreants intercepted him and looted away his bag containing laptop, two mobile phones and other valuables including cash amounting to Rs. 40,000/- and fled away.

4. Learned counsel for the petitioners submitted that the petitioners have falsely been implicated in the present case.

Patna High Court CR. MISC. No.59518 of 2025(3) dt.26-09-2025 2/3 Petitioners are not named in the F.I.R. The names of the petitioners transpired in this case during investigation on the basis of confessional statement of co-accused, namely, Nitish Kumar. No incriminating/looted article has been recovered from the conscious possession of the petitioners. Learned counsel further submitted that petitioners have got no concern with the looted articles rather the recovery of looted articles has been made from open place. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioners that the petitioners are in custody since 19.06.2025 and have no criminal antecedent. Other co-accused has been granted bail by this Court vide order dated 08-09-2025, passed in Cr. Misc. No. 61675 of 2025.

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

6. Considering the aforesaid facts and circumstances of the case, chargesheet already being submitted as also the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.59518 of 2025(3) dt.26-09-2025 3/3 below/concerned Court in connection with Kinjar P.S. Case No. 92 of 2025.

(Rudra Prakash Mishra, J) Raj Kishore/- U T