Utkarsh Kumar @ Tullu @ Tulua v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35623 of 2025 Arising Out of PS. Case No.-1 Year-2023 Thana- MUSRIGHRARI District- Samastipur ====================================================== UTKARSH KUMAR @ TULLU @ TULUA S/O NILESH KUMAR SINGH RESIDENT OF VILLAGE- BATHUA BUJURG, P.S.- MUSARIGHARAI, DIST.- SAMASTIPUR ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar, Adv.
For the Opposite Party/s :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-09-2025
1. Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 379, 436, 504, 506 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on 24.12.2022 while he was sleeping along with his family members when at 01:00 AM on 25.12.2022, he woke up on hearing some noise, thereafter he saw that the accused persons have set his Bakhari i.e. hush hut on fire, accordingly, he came out of the house and saw the petitioner fleeing towards village along with 3-4 accused persons, next alleges that on
Patna High Court CR. MISC. No.35623 of 2025(4) dt.02-09-2025 2/3 26.12.2022, a Panchayati was convened, in which the petitioner did not turn up, accordingly, he went to the house of the petitioner when he was abused and his golden chain worth Rs. 75,000/- was taken by Rakesh Jha.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that informant has not seen the petitioner setting his hush hut on fire. It is further submitted that petitioner is a student and is presently pursuing his Bachelors of Business Administration (B.B.A), as would manifest from Annexure- P/4 to the supplementary affidavit. It is next submitted that in the event if the petitioner is sent to judicial custody, his entire career would get jeopardized and chances are bright that he may come in contract with hardeneed criminals in jail. It is also submitted that petitioner will not abscond rather will co-operate in the investigation to prove his innocence.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the
Patna High Court CR. MISC. No.35623 of 2025(4) dt.02-09-2025 3/3 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 bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Musrigharari P.S. Case No. 01 of 2023 subject to the conditions as laid down under Section 482 (2) of BNSS.
7. Accordingly, the instant anticipatory bail application is allowed.
(Satyavrat Verma, J) Rishabh/- U T