Amod Kumar @ Amod Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64815 of 2025 Arising Out of PS. Case No.-57 Year-2025 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Amod kumar @ Amod Rai S/O Late Maheshwar Ray R/O Village-Panapur, PS-Kajipur, Distt-Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Ranjit Kumar Thakur, Advocate For the State :
Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-09-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 140(3) of the B.N.S. and later on, Sections 279, 125, 103(1), 238 and 3(5) of the B.N.S. were added.
3. As per prosecution case, informant, namely Kavita Devi, alleged that on 19.01.2025 at about 7 PM, her son, namely Ajit Kumar, after taking meal, had gone to the house of one Suresh Rai. On 20.01.2025 in the morning, informant received information that her son had not reached the house of Suresh Rai and despite search, he could not be traced.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has
Patna High Court CR. MISC. No.64815 of 2025(2) dt.17-09-2025 2/3 committed no offence. Petitioner is not named in the F.I.R.. Name of petitioner transpired in this case during course of search on the basis of confessional statement of co-accused Sunil Paswan. Even if the confessional statement of co-accused Sunil Paswan is taken into account, it is only said that all of them left the deceased on the road and left. It is next submitted that this petitioner was not even riding the motorcycle on which the deceased was riding. Save and except confessional statement of co-accused person, there is no material on record to show the complicity of this petitioner in the alleged occurrence. It is further submitted that similarly situated co-accused person, namely Ajay Ray, has already been granted the privilege of anticipatory bail by a Co-ordinate Bench of this Hon'ble Court vide order dated 25.07.2025 passed in Cr. Misc. No. 37684 of 2025. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, claim based on parity and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
Patna High Court CR. MISC. No.64815 of 2025(2) dt.17-09-2025 3/3
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 57 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T