Anand Mohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53762 of 2025 Arising Out of PS. Case No.-177 Year-2025 Thana- ADAPUR District- East Champaran ====================================================== Anand Mohan Kumar, S/O Vijay Das, Resident of Village-Belwa, Harapur, P.S.-Adapur, District-East Champaran, Motihari, ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Adv.

Mr. Dhananjay Kumar Gupta, Adv.

Mr. Dhandev Kumar, Adv.

Ms. Isha Mishra, Adv.

For the Opposite Party/s :

Ms. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 15-10-2025 Heard Mr. Sharda Nand Mishra, learned counsel for the petitioner and Ms. Dr. Indiwar Kumari, learned APP for the State.

2. Petitioner seeks regular bail in connection with Adapur P.S. Case No. 177 of 2025 dated 19.05.2025 registered for the offence punishable under section 309(4) of the Bharatiya Nyaya Sanhita.

3. The main submissions advanced by petitioner's counsel are that the FIR has been registered against unknown and the instant matter relates to loot of one lakh Nepali currency notes and twenty-five thousand Indian currency notes from the possession of the informant and during the course of investigation, the police raided the house of co-accused Majeed

Patna High Court CR. MISC. No.53762 of 2025(3) dt.15-10-2025 2/3 Sah @ Nabab, upon whose disclosure, the role of this petitioner surfaced. It is further submitted that as per prosecution the petitioner and co-accused Sandip Kumar were apprehended while riding a motorcycle without having registration number and from their possession, Nepali currency notes, two live cartridges, one country made pistol and one mobile, were allegedly recovered but in respect of the recovered currency notes, police did not take step to establish its identity as being of the informant's looted money and further, the recovery of the alleged articles was made before the police personnel and not before the independent person.

It is lastly submitted that against this petitioner the investigation has been completed and the material witnesses, who are to be examined in the trial of the petitioner, are official persons and the release of the petitioner on bail will not affect the prosecution and he has not been put on Test Identification Parade by the police after he was taken into custody, so, there is no incriminating evidence to establish the petitioner's connection with the commission of the alleged crime of loot and mainly on the basis of recovery of the alleged currency notes, he has been made accused.

4. Learned APP for the State has opposed the prayer of the petitioner.

Patna High Court CR. MISC. No.53762 of 2025(3) dt.15-10-2025 3/3

5. In the facts and circumstances of this case and mainly considering the petitioner's young age, completion of investigation against him and his fair and clean antecedent, this Court is inclined to release him on bail. Accordingly, let the petitioner named-above be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the court concerned in connection with Adapur P.S. Case No. 177 of 2025.

(Shailendra Singh, J) annu/- U T