Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82985 of 2025 Arising Out of PS. Case No.-9 Year-2024 Thana- CHAUTHAM District- Khagaria ====================================================== Abhishek Kumar S/o- Bharat Kumar Yadav R/v- Rohiyar Ps- Mansi DistKhagaria, Bihar ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Seema Kumari, Advocate For the State :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 23-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The present petition has been filed on behalf of the petitioner, apprehending his arrest, in connection with Chautham PS. Case No.09 of 2024, dated-09.01.2024, registered for the offences punishable under Sections 397 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per allegation, the Informant was standing along with his motorcycle and two persons with mask on their faces came to him on motorcycle and showing pistol, they snatched his bag containing some documents, eggs, mobile phone, debit card, PAN card, driving license and an amount of Rs.700/-.

4. Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.82985 of 2025(2) dt.23-12-2025 2/3 case. He further submits that the FIR has been lodged against unknown persons and the name of the Petitioner has transpired in the confessional statement of the co-accused made before the police which has no evidentiary value. He also submits that no incriminating material has been recovered from his possession.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the petition that the petitioner has been made accused in one other case in which he is on bail.

7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.

8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection with Chautham PS. Case No.09 of 2024, subject to the

Patna High Court CR. MISC. No.82985 of 2025(2) dt.23-12-2025 3/3 conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T