Lavkush Kumar @ Chhotu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75830 of 2025 Arising Out of PS. Case No.-147 Year-2025 Thana- MADANPUR District- Aurangabad ====================================================== Lavkush Kumar @ Chhotu Kumar S/O Upendra Yadav @ Dharmendra Yadav R/o Village- Akauna/ Akauni, P.S- Goh, Distt.- Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Mukul Kumari, Advocate For the Opposite Party/s :
Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-11-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Madanpur P.S. Case No. 147 of 2025, instituted for the offences punishable under Sections 281, 106(1), 125(b) and 303(2) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that informant's son along with friends left home on their motorcycle to see the fair. Later on the informant received a phone call that his son has met with an accident. When he reached at the place of occurrence, his son was sent to Sadar Hospital and motorcycle was missing. Informant's son died in course of treatment.
Patna High Court CR. MISC. No.75830 of 2025(2) dt.12-11-2025 2/3
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of recovery of the said motorcycle in Goh P.S. Case No. 149 of 2025 for the offence under Section 30(a) of the Excise Act. It is further submitted that the petitioner has got no knowledge about the motorcycle whether it was stolen or not. The petitioner was hired for delivery of the illicit liquor and in the meantime he was arrested by the police. The petitioner is in custody since 07.08.2025 and has got two criminal antecedents in which he is on bail.
5. Learned APP 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 and taking into account 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. 15,000/- (Rupees Fifteen Thousand) with two
Patna High Court CR. MISC. No.75830 of 2025(2) dt.12-11-2025 3/3 sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Madanpur P.S. Case No. 147 of 2025.
(Rudra Prakash Mishra, J) Rajorshi/- U T