Amarnath @ Amarnath Kasera v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71260 of 2025 Arising Out of PS. Case No.-92 Year-2024 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Amarnath @ Amarnath Kasera S/o Aniruddh Prasad R/o Village- Sasamusa, P.S.- Kuchaikote, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brajesh Kumar Singh For the Opposite Party/s :

Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-07-2026

1. 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 punishable under Sections 365 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on 28.02.2024 at 6 P.M., named accused persons including the petitioner came and took her son in a Tilak ceremony but her son did not come back home, hence the informant called on her son's mobile but the same was switched off, accordingly she enquired from the petitioner and other accused persons, who disclosed that they came back home about 30 minutes back and victim also left for his house, further a

Patna High Court CR. MISC. No.71260 of 2025(8) dt.13-07-2026 2/3 search was made but the victim could not be located, thus the informant alleged that accused persons committed some untoward occurrence with her son.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant based on suspicion. It is next submitted that a counter affidavit has been filed on behalf of the SHO, Kuchaikote P.S., wherein it has been specifically pleaded that during the course of investigation, Deepak and Manu were arrested and at their instance, the skeleton remains of the victim was recovered, further they disclosed that on account of dispute of the victim with Manu, the occurrence was committed by them. It is further submitted that at Para-16 of the counter affidavit, it is pleaded- "that it is also pertinent to state that this petitioner Amarnath @ Amarnath Kasera, son of Anirudh Prasad, resident of villageSasamusa, P.S. Kuchaikote, District-Gopalganj is innocent and he has no role in commission of this offence and he has been accused due to suspicion." The learned counsel for the petitioner thus submits that during the course of investigation also no material was collected connecting the petitioner with the offence.

5. Learned A.P.P. for the State does not dispute the

Patna High Court CR. MISC. No.71260 of 2025(8) dt.13-07-2026 3/3 submission made by the learned counsel appearing on behalf of the petitioner based on the averments made in the counter affidavit.

6. After hearing the learned counsel for the parties and taking into consideration the submissions made by the learned counsel appearing on behalf of the petitioner and also after perusing the counter affidavit, which was handed over by the learned APP, the petitioner above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kuchaikote P.S. Case No.92 of 2024, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. The office is directed to trace the copy of counter affidavit filed on 07.05.2026 and place the same with the record of the case.

(Satyavrat Verma, J) amit/- U T