Anish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61135 of 2025 Arising Out of PS. Case No.-756 Year-2024 Thana- KADAMKUAN District- Patna ====================================================== ANISH KUMAR S/o- Shri Anil Kumar R/o- Beni Madhav Lane, Govind Mitra Road Po- Bankipur Ps- Pirbahore Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ankit Katriar, Advocate Mr. Rishi Sinha, Advocate Mr. Vineet Kumar, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 09-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Kadamkuan P.S. Case No. 756 of 2024, registered for the offences under Sections 304(2) of the B.N.S.

3. As per the prosecution case, two miscreants riding a bike snatched the mobile phone of the informant. During investigation the name of the petitioner transpired as one of the miscreants.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Nothing incriminating has been recovered from person or possession of this petitioner. The name of the petitioner transpired in this case on the basis of

Patna High Court CR. MISC. No.61135 of 2025(2) dt.09-09-2025 2/3 confessional statement of co-accused Md. Kamran Hashmi and except for the confessional statement of co-accused there is no material against the petitioner to show his involvement in the alleged occurrence. The petitioner has no concern with the offences as alleged and he has been made accused in this case due to his criminal antecedents as he is having antecedent of seven cases. Co-accused Md. Kamaran Hashmi has been granted bail by this Court vide order dated 07.03.2025 passed in Cr. Misc. No. 12367 of 2025. The petitioner is in custody since 25.04.2025 and charge sheet has been submitted.

5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.

6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the submission of charge sheet and period of custody of the petitioner, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Patna/concerned court, in connection with Kadamkuan P.S. Case No. 756 of 2024, subject to the condition laid down under Section 437(3) of the code of Criminal Procedure and other

Patna High Court CR. MISC. No.61135 of 2025(2) dt.09-09-2025 3/3 following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T