Ashutosh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68043 of 2025 Arising Out of PS. Case No.-51 Year-2025 Thana- Gadhiya Bazar District- East Champaran ====================================================== Ashutosh Kumar S/o- Vishwanath Ray Resident of Village-Bairia, Police Station-Kotwa, District-East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Ranjan, Adv.
For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offence under Sections 103(1), 61(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. As per F.I.R., informant's brother Suresh Kumar, who was working in a Mobile Tower Company situated at Pakaridayal, solemnized marriage with one married lady Afrida Khatoon and both of them were living together in a rented house at Pakaridayal. It is further alleged that after some time of marriage, they started quarrelling with each other whereafter the informant went there and came to know that the wife of informant's brother had illicit relation with co-accused Manish Kumar and thereafter, the informant shifted his brother and his wife to another place, but on 20.03.2025 at about 9:00 AM, the informant got an information that his brother has been killed.
Patna High Court CR. MISC. No.68043 of 2025(2) dt.24-09-2025 2/2 The informant believs that all the accused persons named in the FLR. including this petitioner committed murder of his brother.
4. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. and his name surfaced during course of investigation on the basis of confessional statement of co-accused Aniket Dubey, who disclosed that this petitioner was doing the job of liner in the alleged occurrence. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts & circumstances of the case, let the above named petitioner, in the event of arrest/surrender within a period of eight weeks from today, 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 Judicial Magistrate 1st Class, East Champaran at Motihari in connection with Gadhiya Bazar P.S. Case No. 51 of 2025, subject to condition as laid down under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J) anay U T