Amit Kumar Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57027 of 2025

Arising Out of PS. Case No.-323 Year-2025 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur

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Amit Kumar S/o Barjendra Chaudhary @ Bijendra Chaudhary R/o Village - Kharauna Jairam, P.S - Turki, District - Muzaffarpur

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhinav Shandilya, Advocate For the State : Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

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3 10-12-2025

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Heard learned counsel for the petitioner and learned APP for the State.

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The petitioner seeks bail, apprehending his arrest, in connection with Muzaffarpur Sadar P.S. Case No. 323 of 2025, dated 17.04.2025, registered for the offences punishable under Section 309(4) of B.N.S., 2023.

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As per allegation, three accused persons with mask and scarf on face entered into the premises of petrol pump and committed robbery by taking away of Rs. 1 lac to 1.5 lac.

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Learned counsel for the petitioner submits that the Petitioner is innocent and has falsely been implicated in this case. He further submits that FIR has been lodged against unknown persons and as per the case diary, the names of the

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Patna High Court CR. MISC. No.57027 of 2025(3) dt.10-12-2025 2/3

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petitioner and co-accused were known by the police spy and one of them, who is co-accused in this case, was arrested and in his confessional statement before the police, he has named the petitioner, which has no evidentiary value in the eye of law. He further submits that neither any TIP has been conducted, nor any case property has been recovered from the possession of the petitioner.

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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.

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It has further been stated in paragraph no.3 of the bail petition that the petitioner has one criminal antecedent.

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

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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

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Patna High Court CR. MISC. No.57027 of 2025(3) dt.10-12-2025 3/3

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with Muzaffarpur Sadar P.S. Case No. 323 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:

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(i) In case, it is brought to the notice of the court below that the petitioner has any 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.

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(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.

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(Jitendra Kumar, J)

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shoaib/-

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U T

Amit Kumar v. The State of Bihar

Case brief

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Amit Kumar v. The State of Bihar

Case brief

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