Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34535 of 2025 Arising Out of PS. Case No.-373 Year-2024 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== 1.

Aman Kumar S/o Mithilesh Kumar Singh R/o Village- Parora, Police Station- Sahabpur Kamal, District- Begusarai 2.

Ankit Kumar S/o Mithilesh Kumar Singh R/o Village- Parora, Police Station- Sahabpur Kamal, District- Begusarai 3.

Chikku Kumar Singh @ Ritik Kumar S/o Munna Singh R/o Village- Parora, Police Station- Sahabpur Kamal, District- Begusarai ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Raj Kumar Sinha, Adv.

For the Opposite Party/s :

Dr. Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 20-08-2025 At the very outset, learned counsel for the petitioners submits that petitioner no. 1 and 3 have already been arrested and hence, their prayer for anticipatory bail has become infructuous.

2. In the light of aforesaid submission, prayer for anticipatory bail of petitioner no. 1 and 3 stands dismissed being infructous.

3. Heard learned counsel for the petitioner no. 2,

2/4 namely, Ankit Kumar and learned A.P.P. for the State.

4. The petitioner is apprehending his arrest in connection with S. Kamal P.S. Case No. 373 of 2024 registered for the offences punishable under Sections 191(2), 126(2), 115(2), 118(1), 352, 351(1) (2), 308(2), 308(3), 109(1), 303(2) of Bharatiya Nyaya Sanhita, 2023.

5. As per prosecution case, petitioner and others are said to have assaulted the informant by means of butt of pistol. It is alleged that co-accused Aman Kumar snatched Rs. 12,000/- from the pocket of informant. It is further alleged that coaccused Akashdeep Kumar snatched one bhar gold chain worth Rs. 60,000/- from the neck of the informant. It is further alleged that all the accused persons threatened the informant that in case he proceeded to thana to lodge case, he would be killed.

6. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Learned counsel further submits that there is delay of five days in lodging the FIR as the alleged occurrence took place on 03.11.2024 and FIR was lodged on 08.11.2024 and no plausible explanation has been given regarding the said delay. Learned counsel further submits that there is no specific allegation

3/4 against the petitioner rather the allegation is general and omnibus in nature. From perusal of the FIR it is clear that six named accused persons and four unknown assaulted the informant but the informant sustained only three injuries which are simple in nature (as mentioned in Annexure-2), which falsifies the prosecution story. Petitioner bears no criminal antecedent.

7. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that petitioner is one of the participants of the alleged occurrence and hence, he does not deserve anticipatory bail.

8. Considering the facts and circumstances of the case, keeping in view clean antecedent of the petitioner, there is no specific allegation against the petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner, namely, Ankit Kumar, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Judge-IV-cum Additional Chief Judicial Magistrate-IV, Begusarai in connection with S.

4/4 Kamal P.S. Case No. 373 of 2024, subject to the conditions as laid down under Section 482(2) of B.N.S.S.

9. The application stands disposed of.

(Alok Kumar Pandey, J) shahzad/- U T