Patna High Court
Utkarsh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The anticipatory bail application is allowed, subject to bail bond and surety conditions under Section 482(2) of the CrPC.
Summary
Utkarsh Kumar applied for anticipatory bail in a case registered under Sections 318(4), 320, 338, 336(3) and 336(4) of the Indian Penal Code, alleging that he was falsely implicated in a dispute over a Rs.2 lakh misappropriation claim. He asserted a clean antecedent, denied taking the alleged cash, and argued that the matter was a personal dispute given criminal colour by the informant. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Criminal Procedure Code. The anticipatory bail application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances alleged
- Whether the petitioner is likely to abscond or tamper with evidence
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 318(4), 320, 336(3), 336(4), 338
Subjects
- anticipatory bail
- false implication
- misappropriation
- Indian Penal Code
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40589 of 2026
Arising Out of PS. Case No.-723 Year-2025 Thana- BHAGWAN BAZAR District- Saran
======================================================
Utkarsh Kumar S/o Suresh Sharma Resident of Village - Bachhra(Baghra),
P.S. - Mohanpur, District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gaurav Kumar
For the Opposite Party/s : Mr.Yogendra Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-07-2026 1. Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in anticipation of his arrest
in a case registered for the offences punishable under Sections
318(4), 320, 338, 336(3), 336(4) of the B.N.S.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and the informant
alleges that his wife hired petitioner as pharmacist in her medical
shop on 01.06.2024. Further, petitioner brought Rajiv and
introduced him as his guardian and signed the contract to work in
the shop for an year. Further, Rajiv took an advance of Rs.25,000/-
and petitioner took cash of Rs.1,75,000/- and thereafter petitioner
left the job in December, 2024, thus it is alleged that accused
persons misappropriated an amount of Rs.2, Lacs.
4. The learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is further submitted that the petitioner completely
Patna High Court CR. MISC. No.40589 of 2026(2) dt.06-07-2026
2/2
denies the allegation that he took Rs.1,75,000/- in cash. It is next
submitted that the dispute is purely personal to which a criminal
colour has been given. It is also submitted that if privilege of
anticipatory bail application is granted, the petitioner will not
abscond rather will cooperate in the investigation to prove his
innocence.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the event
of his arrest or surrender before the learned Court below within a
period of six weeks, is directed to be released on bail on his
furnishing bail-bonds in the sum 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 Bhagwan Bazar P. S.
Case No.723 of 2025, subject to the conditions laid down under
Section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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