IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55875 of 2026 Arising Out of PS. Case No.-983 Year-2018 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Sumit Chauhan @ Sumit Kumar Chauhan, S/o Sudhir Kumar Singh, R/o - Bhusra, P.S. - Gaighat, District - Muzaffarpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Neeraj Kumar @ Sanidh, Advocate : Mr. Vivek Kumar Sinha, Advocate : Mr. Suchant Raj, Advocate For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 2 19-08-2026 Heard learned counsel for the petitioner and learned A.P.P for the State. 2. The petitioner apprehends arrest in connection with Ahiyapur P.S. Case No. 983 of 2018 lodged on 12.09.2018, for the offence punishable under Sections 307 and 34 of the Indian Penal Code and Section 27 of Arms Act, pending in the learned court of Chief Judicial Magistrate at Muzaffarpur. 3. As per the prosecution case, the FIR has been lodged against unknown accused persons, alleging therein that three persons committed loot with the informant when he was near the Urban Tiles Marble Shop. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits Patna High Court CR. MISC. No.55875 of 2026(2) dt.19-08-2026 2/3 that, from the contents of the FIR, it is evident that the petitioner has not been named therein and his name has surfaced subsequently on the basis of the confessional statement of the co-accused. Learned counsel further submits that, save and except the said confessional statement, there is no other material connecting the petitioner with the alleged offence. It is submitted that the petitioner had earlier approached the learned Sessions Court for grant of anticipatory bail in the year 2022; however, due to the illness of his father and mother, he could not pursue the matter further and could not approach this Court. Learned counsel fairly submits that the petitioner has three criminal antecedents, but he is on bail in all the three cases. Learned counsel further submits that the petitioner is ready and willing to abide by any condition that may be imposed by this Court and, except for the confessional statement of the co- accused, there is no material against him. 5. Learned counsel for the State, on the other hand, opposes the prayer for bail and submits that the present FIR was lodged in the year 2018, whereas the name of the petitioner surfaced in the year 2022, pursuant to which he had moved an application for anticipatory bail before the learned Sessions Court. It is further submitted that thereafter the petitioner has Patna High Court CR. MISC. No.55875 of 2026(2) dt.19-08-2026 3/3 not taken any steps for pursuing his remedy and has also not disclosed the present status of the trial in the instant case. Learned counsel further submits that the criminal antecedents of the petitioner are not clean. 6. As such, in the present facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner. 7. However, if the petitioner surrenders before the Trial Court within six weeks from today, the Trial Court shall pass an order on his surrender-cum-bail application on the same day, without being prejudiced by the fact that the petitioner’s anticipatory bail has been rejected by this Court. Ashwini/anjali/- (Dr. Anshuman, J) U T