Lakhindra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80441 of 2025 Arising Out of PS. Case No.-262 Year-2025 Thana- KALYANPUR District- Samastipur ====================================================== Lakhindra Kumar Son of Mukhdev Paswan R/o Village - Rahuaa Ward no. 04, P.S. - Warisnagar, Dist. - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Jyoti Kumari, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Kalyanpur P.S. Case No. 262 of 2025 instituted for the offence under Sections 309(6) & 317(2) of the Bharatiya Nyaya Sanhita, 2023.

3.

The prosecution case in brief is that on 22.07.2025 at about 7:25 P.M., after closing Dev Jewellers, the informant and his brother-in-law were proceeding towards home on separate motorcycles carrying gold and silver ornaments. Near Islampur village, miscreants on another motorcycle intercepted them at gunpoint, robbed the bag containing gold and silver ornaments, and also snatched a mobile phone, purse with Rs.

Patna High Court CR. MISC. No.80441 of 2025(3) dt.21-01-2026 2/3 6,000/- and Aadhaar card before fleeing away. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 27.07.2025. Petitioner bears no criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired on the basis of confessional statement of coaccused. Nothing has been recovered from the conscious possession of the petitioner. Other co-accused have been granted bail by a Co-ordinate Bench of this Court, vide order dated 09.01.2026, passed in Cr. Misc. No. 87566 of 2025. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kalyanpur P.S. Case

Patna High Court CR. MISC. No.80441 of 2025(3) dt.21-01-2026 3/3 No. 262 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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