Anil Kumar Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60029 of 2025 Arising Out of PS. Case No.-401 Year-2025 Thana- AGAMKUAN District- Patna ====================================================== Anil Kumar Choudhary Son of Badri Chaudhary Resident Of Village - Mouar Lane, Ps- Sultanganj, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Raj Krishna Jha, Advocate For the State :
Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the offence punishable under Sections 103 and 238 of the B.N.S..
3. The prosecution case, in brief, is that son of informant, namely Shashi Kumar, used to drive auto rickshaw and on 17.05.2025 at about 7 PM, he went with his auto rickshaw but did not return. Thereafter on 18.05.2025 at about 6:30 AM, another tempo driver, namely Kamlesh Kumar, called him on telephone and told that his son had been shot dead by some unknown persons and his dead body is thrown in a drainage and hence, the present F.I.R. was lodged against unknown persons.
Patna High Court CR. MISC. No.60029 of 2025(4) dt.19-12-2025 2/3
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. Petitioner is not named in the F.I.R.. Name of petitioner transpired in this case during investigation in the confessional statement of co-accused Anil Kumar Mahto. Save and except confessional statement, there is no material on record to show the complicity of this petitioner in the alleged offence. Similarly situated co-accused, namely Shubham, has already been granted bail by this Hon'ble Court vide order dated 07.11.2025 passed in Cr. Misc. No. 57753 of 2025. Moreover, charge-sheet has already been submitted and petitioner, having no criminal antecedents, is in custody since 24.05.2025.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, claim based on parity, clean antecedents of the petitioner and period of custody, the prayer for grant bail of to the petitioner is allowed.
7. Accordingly, let the above named petitioner be released 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 A.C.J.M.-IVth, Patna City, Patna in
Patna High Court CR. MISC. No.60029 of 2025(4) dt.19-12-2025 3/3 connection with Agamkuan P.S. Case No. 401 of 2025. (Prabhat Kumar Singh, J) shashank/- U T