Banti Kumar @ Karan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.66108 of 2025 Arising Out of PS. Case No.-179 Year-2025 Thana- LAKHISARAI District- Lakhisarai ====================================================== Banti Kumar @ Karan Kumar S/O Pramod Prasad Verma @ Pramod Verma Resident of Village- Naya Tola Mahila Vidhyamandir Purani Bazar, Ward NO. 12 P.S.- Lakhisarai, District- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar, Advocate For the Opposite Party/s :
Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 19-09-2025
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Lakhisarai P.S. Case no.179 of 2025 registered under sections 303(2) and 318(4) of the B.N.S,2023.
3. The allegations in the F.I.R is that unknown person took the golden chain of the informant in order to show the same to the nearby Gold Smith but did not return.
4. Learned counsel for the petitioner submits that F.I.R is against unknown and name of the petitioner has transpired in the case on the confessional statement of one Chhotu Paswan who stated in another case being Kabaiya P.S. Case No.186 of 2025 that he sold the said golden chain to the petitioner. It is further submitted that as a matter of fact, the golden chain which was found in the possession of the petitioner
Patna High Court CR. MISC. No.66108 of 2025(2) dt.19-09-2025 2/3 is not the subject matter of the present case and rather related to another case wherein, upon a bona fide belief, being a gold smith, he had purchased the same from Chhotu Paswan. It is only on account of such allegations in another case, the petitioner has been made accused in the present case although no incriminating article has been recovered from the possession of the petitioner. There is an error of record in the order of learned Sessions Judge stating that the recovery of the present chain was made from the shop of the present petitioner. The petitioner undertakes to co-operate in the case/trial.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State on the ground that the petitioner has criminal antecedent of two cases.
6. Taking into consideration the aforesaid facts and circumstances of the case and considering the fact that name of the petitioner has transpired in the case on the confessional statement of co-accused Chhotu Paswan in another case, no recovery has been made from his possession and the petitioner is in profession of being a Gold Smith, 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 on anticipatory bail in connection with Lakhisarai
Patna High Court CR. MISC. No.66108 of 2025(2) dt.19-09-2025 3/3 P.S. Case no.179 of 2025 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 Court below where the case is pending/successor Court, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the further conditions:- (I) One of the bailors of the petitioner shall be the family member/close relative of the petitioner. (II) He shall co-operate in the investigation/trial and would make himself available before the Investigating Officer as and when required till investigation is concluded against him.
(III) The learned Court below would however, verify the criminal antecedent of the petitioner and in case it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner. However, it is expected that the verification process would be done expeditiously without causing any delay preferably within a period of two weeks.
(Soni Shrivastava, J) Harsh/- U T