Abhitesh Kumar @ Amitesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54265 of 2025 Arising Out of PS. Case No.-530 Year-2024 Thana- GORAUL District- Vaishali ====================================================== Abhitesh Kumar @ Amitesh Kumar S/o Shyam Singh @ Shyam Kishor Singh R/O- Village- Baksama, P.S.- Goraul, District- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Janardan Prasad Singh, Advocate For the Opposite Party/s :
Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-08-2025
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of anticipatory bail apprehending his arrest in connection with Goraul (Katahara) P.S. Case no.530 of 2024, registered under sections 303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states that a 5 HP motor and some documents have been stolen. It is stated that some time back foreign liquor had been recovered from the possession of some accused persons wherein also this petitioner along with others had been made accused. On being made accused the petitioner had threatened the informant that he would be taught a lesson. As such, the informant states that he is convinced that the petitioner along with others have given effect
Patna High Court CR. MISC. No.54265 of 2025(2) dt.18-08-2025 2/3 to the occurrence of theft of his 5 HP motor.
4. Learned counsel for the petitioner submits that from the contents of the F.I.R itself it would transpire that the only basis of the informant raising an unfounded suspicion is that on an earlier occasion, the petitioner had been made accused in a case of recovery of illicit liquor at the instance of the informant. Neither any recovery of any incriminating article has taken place from the possession of the petitioner nor the petitioner is involved in the occurrence in any manner. The cause of false implication of the petitioner is his antecedents. He undertakes to cooperate in the investigation/trial.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner in the F.I.R., the material that has transpired against him in course of investigation as is evident from the order of the learned Court below and especially none of the incriminating articles having been recovered from the possession of the petitioner, in the facts of the case it is directed that the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released
Patna High Court CR. MISC. No.54265 of 2025(2) dt.18-08-2025 3/3 on anticipatory bail in connection with Goraul (Katahara) P.S. Case no.530 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Vaishali at Hajipur.
(Partha Sarthy, J) avinash/- U T