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Patna High Court

Amarnath @ Amarnath KaseraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to bail bond and surety conditions, under Section 438(2) of the Cr.P.C.

Summary

The petitioner, Amarnath Kasera, was implicated in a criminal case (PS Case No.92 of 2024) for an alleged offence under Section 365 of the Indian Penal Code, stemming from a dispute over a missing child at a Tilak ceremony. The petitioner claimed a clean record and argued that the informant’s allegations were based solely on suspicion, with no material linking him to the crime. A counter‑affidavit filed by the SHO stated that other accused persons had been arrested, that skeletal remains of the victim were recovered, and expressly declared the petitioner innocent. The State’s Additional Public Prosecutor did not contest these assertions. After considering the submissions and the counter‑affidavit, the Court ordered that the petitioner be released on anticipatory bail, subject to a bail bond of Rs.10,000 and two sureties, under the conditions of Section 438(2) of the Cr.P.C., and directed the office to file the copy of the counter‑affidavit with the case record.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438(2) of the Cr.P.C. in light of the allegations and the counter‑affidavit asserting his innocence.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Criminal Procedure Code
  • Indian Penal Code Section 365
  • counter affidavit
  • false implication
  • bail conditions

Judgment

                      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

8   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 village-

          Sasamusa, 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


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