Patna High Court
Amarnath @ Amarnath KaseraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 365
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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