Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28061 of 2025 Arising Out of PS. Case No.-241 Year-2023 Thana- MANIHARI District- Katihar ====================================================== Amit Kumar S/O Ram Bahadur Yadav Village- Chamman Tola, Ward No. 15 PS- Mufassil, Distt.- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. S.M. Ashraf, Adv.

Mr. Rana Hason, Adv.

Mrs. Homa Yunus, Adv.

For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-08-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Manihari P.S. Case No. 241 of 2023 instituted for the offences under Section 392 of the Indian Penal Code.

3. As per prosecution case, four unknown bike-borne miscreants on two motorcycle, intercepted the Informant and his associate and, on the point of arms, took Rs. 1,65,400/- kept in white colour bag and one tab including bio-metric machine from his dickey as also his Samsung mobile phone. They also snatched mobile phone of his associate namely Sudhir Kumar.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.28061 of 2025(3) dt.05-08-2025 2/3 petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case on account of deep rooted conspiracy hatched out by the police. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. He further submits that in course of investigation, none of the witnesses have said anything adverse against the petitioner showing his complicity in the alleged occurrence. He further submits that the recovered Tab is of different colour and no T.I.P. has been conducted in this case to ascertain the genuineness of the recovered article. The petitioner has no criminal antecedent and is languishing in judicial custody since 23.01.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned counsel for the State further submits that even though the petitioner is the Informant in this case but, in course of investigation, the looted tab has been recovered from the house of the petitioner and, thereafter, he has been made accused in this case.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as

Patna High Court CR. MISC. No.28061 of 2025(3) dt.05-08-2025 3/3 also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Manihari P.S. Case No. 241 of 2023. (Rudra Prakash Mishra, J) rishi/- U T