Lavkush Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90850 of 2025 Arising Out of PS. Case No.-207 Year-2025 Thana- WARISLIGANJ District- Nawada ====================================================== Lavkush Kumar S/o Avadh Thanti @ Awadh Tanti R/o Village - Tanti Mirbigha, P.S - Warisaliganj, District - Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :
Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-01-2026 Heard Mr. Sheo Kumar Prasad, learned counsel for the petitioner as well as Mr. Kalyan Shankar, learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since 11.10.2025 in connection with Warisliganj P.S. Case No. 207 of 2025, F.I.R. dated 21.04.2025 for the offences punishable under Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2), 3(5) of the Bharatiya Nyay Sanhita, 2023 and 66(B), 66(D) of the IT Act.
3. According to prosecution case, it is alleged that the petitioner along with other accused persons used to collect mobile number etc from customer data and make contact and allure to public in the name of Dhani Finance and services of providing online loan.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.90850 of 2025(2) dt.13-01-2026 2/3 petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation levelled against the petitioner is false and fabricated. From bare perusal of the FIR it appears that the petitioner was not apprehended at the place of occurrence rather his name transpired on the basis of disclosure made by apprehended co-accused persons, namely, Vinay Kumar, Itesh Kumar, Rohit Kumar and others and except the disclosure made by apprehended co-accused persons, no other cogent material has come during investigation which suggest the involvement of the petitioner in the present occurrence. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 11.10.2025.
5. The learned Additional Public Prosecutor have vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances, petitioner has clean antecedent and his name transpired on the basis of disclosure made by apprehended co-accused persons, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-I Class, Nawada in connection with Warisliganj P.S.
Patna High Court CR. MISC. No.90850 of 2025(2) dt.13-01-2026 3/3 Case No. 207 of 2025, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T