Amit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31877 of 2025 Arising Out of PS. Case No.-380 Year-2024 Thana- WARISLIGANJ District- Nawada ====================================================== Amit Kumar S/o Bindo Yadav @ Binda Yadav R/o Village- Hirma Bigha, P.S.- Warisaliganj, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Man Mohan Kumar, Adv.
For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Warisaliganj P.S. Case No. 380 of 2024 registered for the offences punishable under Sections 319(2), 318(4), 338, 336(3), 340(2), 61(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sections 66(B), 66(D) of the I.T. Act.
3. The prosecution case, in short, is that, the police received information that some Cyber criminals have gathered in village Hirma Bigha, being involved in duping innocent people. The police went to the spot and saw 8 people have gathered there and upon chase three accused persons were apprehended. On search, three mobile phone from each of the
Patna High Court CR. MISC. No.31877 of 2025(2) dt.14-05-2025 2/3 accused persons have been recovered.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner was neither apprehended on spot nor anything incriminating has been recovered from his conscious possession. The name of the petitioner has transpired in this case on the basis of the confessional statement of the apprehended persons recorded before the police which has no evidentiary value in the eye of law. Except confessional statement of the co-accused, there is nothing adverse against the petitioner in the entire record of the case. The petitioner has no criminal antecedent as has been stated in paragraph no.3 of the present anticipatory bail application. The petitioner has no concern with the alleged occurrence.
5. Learned counsel for the petitioner further submits that the co-accused Ishwar Kumar, Hari Ram Kumar and Rakeh Kumar have been granted regular bail by this Court vide orders dated 17.12.2024, 18.12.2024 and 20.12.2024 passed in Cr. Misc. Nos. 86112 of 2024, 86643 of 2024 and 86440 of 2024 respectively.
6. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.31877 of 2025(2) dt.14-05-2025 3/3 anticipatory bail of the petitioner.
7. Considering the entire facts and circumstances of the case and taking into account the submissions made by the learned counsel for the petitioner, let the petitioner abovenamed, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Warisaliganj P.S. Case No. 380 of 2024, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S. (Rudra Prakash Mishra, J) rishi/- U T