Luv Singh @ Luv Kumar @ Lumpat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85075 of 2025 Arising Out of PS. Case No.-172 Year-2025 Thana- KASIMBAZAR District- Munger ====================================================== Luv Singh @ Luv Kumar @ Lumpat S/o- Gopal Kumar @ Gopal Singh VillFarda, P.S-Naya Ramnagar, Dist-Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar, Adv.

For the Opposite Party/s :

Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 10-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Kasim Bazar P.S. Case No. 172 of 2025, registered for the offences under Sections 115(2), 126(2), 351(2), 352, 109 and 3(5) of the BNS.

3. As per the prosecution case, the petitioner with intention to cause death of the informant fired upon him with his pistol and thereafter his co-accused brother started assaulting the informant and snatched his silver chain and Rs.1600/- from his pocket. The informant has further alleged that there were ten unknown person armed with pistol, lathi and other weapons accompanying the assailants. They have been threatening him to withdraw the case instituted against the father of the petitioner.

Patna High Court CR. MISC. No.85075 of 2025(2) dt.10-12-2025 2/3

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case with concocted allegations. Learned counsel further submits that no one received injuries in this case and if there was intention to cause death, the petitioner and other co-accused persons could have easily killed the informant if the allegation in FIR is believed. The prosecution story is not believable. The recovery of empty shells is also not believable. In the background of earlier enmity, the petitioner has been made accused with serious allegations of firing and snatching. The petitioner is in custody since 11.08.2025 and he has three criminal antecedents in which he is on bail. Charge sheet has been submitted.

5. Learned APP appearing for the State opposes the submission made on behalf of the petitioner. Learned APP submits that recovery of four fired bullet shells have been made from the place of occurrence and the witnesses corroborated the prosecution case.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the fact that no injury was caused to any person and further considering the improbable nature of allegation and also

Patna High Court CR. MISC. No.85075 of 2025(2) dt.10-12-2025 3/3 considering the period of custody of the petitioner and submission of charge sheet against him, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned CJM, Munger/concerned court, in connection with Kasim Bazar P.S. Case No. 172 of 2025 , subject to the condition laid down under Section 480(3) of the BNSS and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Anuradha/- U T