Patna High Court - Orders
Amit Kumar vs The State Of Bihar on 4 May, 2026
Author: Prabhat Kumar Singh
Bench: Prabhat Kumar Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18638 of 2026
Arising Out of PS. Case No.-9 Year-2023 Thana- LAKHISARAI District- Lakhisarai
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Amit Kumar S/o- Manoj Singh R/v- Batta Rampur Mananpur Ps- Chanan
Dist- Lakhisarai
... ... Petitioner/s
Versus
1. The State of Bihar
2. Uttam Kumar Sahni S/o- Meghnath Sahni R/v- Mahila Vidya Mandir,
Chitranjan Road W.No-12, Purani Bazar Lakhisarai Ps Dist- Lakhisarai
... ... Opposite Party/s
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Appearance :
For the Petitioner : Mr. Mukesh Kumar, Advocate
For the State : Mr. Satya Nand Shukla, APP
For the Informant : Mr. Rabi Bhushan, Advocate
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 04-05-2026Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant/Opposite Party No. 2.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under sections 420, 406, 463, 468, 467 and 384 of the Indian Penal Code.
3. As per prosecution case, co-accused Monti Kumar, while working in the shop of informant, is alleged to have misappropriated the money of the informant and caused loss to him. It is further alleged that when informant tallied the entire balance, he found that goods of worth Rs. 5300990/- were sent to 81 traders and only Rs. 3088715/- was received from them Patna High Court CR. MISC. No.18638 of 2026(2) dt.04-05-2026 2/3 and a total of Rs. 2212545/- was outstanding from the traders and when co-accused Monti Kumar was asked about the same he told to the informant that traders will make the payment gradually. After that on 24.06.2022, co-accused Monti Kumar stopped coming to the shop.
4. Learned counsel for the petitioner submits that the petitioner is quite innocent and has committed no offence. From bare perusal of the F.I.R. it is apparent that specific accusation of misappropriating money from shop of informant is against co-accused Monti Kumar. Petitioner has falsely been implicated in this case merely because he happens to be brother of co- accused Monti Kumar and there is absolutely no allegation that this petitioner collected any money on behalf of the informant. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State and learned counsel for the informant/Opposite Party No. 2 have vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within Patna High Court CR. MISC. No.18638 of 2026(2) dt.04-05-2026 3/3 a period of eight weeks from today, let the above named petitioner 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 Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai P.S. Case No. 09 of 2023, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/-
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