Amit Kumar @ Utkarsh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42762 of 2025 Arising Out of PS. Case No.-74 Year-2025 Thana- KHAGAUL District- Patna ====================================================== Amit Kumar @ Utkarsh S/O Late Sanjay Paswan Resident of Varsanama, P.S.- Harnaut, District- Nalanda. At Present New Colony, Quarter no. 374 B, Khagaul, P.s.- Khagaul, Dist.- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Krishna Jha, Adv.
For the Opposite Party/s :
Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Khagaul P.S. Case No. 74 of 2025 dated 19.02.2025, registered for the offence punishable under Sections 109 and 309(6) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in short, is that on 18.02.2025, when the informant namely, Vishal Kumar was returning from the Barat of his friend, then son of ex-ward Councillor namely, Vaibhav Kumar and his friends surrounded him and snatched a gold chain, bracelet and Rs. 5000/- from the informant and mobiles of the informant's friends. It is further alleged that co-accused Vishal Kumar along with other accused
Patna High Court CR. MISC. No.42762 of 2025(3) dt.15-10-2025 2/3 persons assaulted the informant and his friends by means of pistol and iron rod due to which they sustained injuries.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is submitted that the F.I.R. has been lodged against one named and 8-10 unknown persons. The petitioner is not named in the F.I.R.. Only on the basis of confessional statement of coaccused Vaibhav Kumar, the petitioner has been made accused in this case. It is further submitted that similarly situated persons, namely, Golu Kumar @ Golu has been granted anticipatory bail vide Criminal Miscellaneous No. 43533 of 2025 by this Court and co-accused, namely, Vishal Raj @ Rider has been granted bail vide Criminal Miscellaneous No. 34347 of 2025 by a co-ordinate Bench of this Court. Lastly, it has been submitted that he has no criminal antecedent.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Khagaul P.S. Case No. 74 of 2025, he shall be released on anticipatory bail upon
Patna High Court CR. MISC. No.42762 of 2025(3) dt.15-10-2025 3/3 furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-Vth, Danapur, subject to condition as laid down under Section 482(2) of B.N.S.S..
(Khatim Reza, J) prabhat/- U T