Amit Kumar @ Amit Kumar Sony v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4297 of 2025 Arising Out of PS. Case No.-428 Year-2024 Thana- MUFFASIL District- West Champaran ====================================================== Amit Kumar @ Amit Kumar Sony, aged about 32 years (M), S/O Suresh Sah @ Surendra Sah, R/O village- Ranipakdi, P.S.- Bettiah Mufasil, Dist.- West Champaran.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :
Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-01-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Bettiah Muffasil PS Case No.428 of 2024 dated 03.08.2024, instituted under Sections 341, 323, 354-B, 379, 504/34 of the Indian Penal Code in which Section 307 of the Indian Penal Code was added later on.
3. The allegation against the petitioner is that he assaulted the informant on his head by means of iron rod.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Further submission is that there is land dispute between the parties and counter case has also been lodged against the
Patna High Court CR. MISC. No.4297 of 2025(2) dt.24-01-2025 2/3 informant side. It is also submitted that there is allegation that altogether eight persons assaulted the informant but he received only one injury.
5. Learned APP has opposed the prayer for bail. Learned APP submits that there is specific allegation against the petitioner that he assaulted the informant with iron rod on his head, who received 4 cm x 3 cm lacerated wound over left parietal region, which was skin deep. CT scan of the injured shows is as follows: "Acute SDH of blood attenuation is noted in left posterior parietal convexity with maximum depth of 3 mm in parietal convexity. No significant mid-line shift is noted. Hemorrhagic contusions are noted in right temporal lobe inciting very minimal perilesional edema, largest measuring 14 x 8mm".
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, I am not inclined to extend the privilege of anticipatory bail to the petitioner.
7. Accordingly, prayer of the petitioner for grant of anticipatory bail is rejected
8. The application stands dismissed.
9. If the petitioner surrenders before the Court below
Patna High Court CR. MISC. No.4297 of 2025(2) dt.24-01-2025 3/3 and prays for regular bail within a period of six weeks, the same shall be considered and disposed of, preferably, on the same day without being prejudiced by this order.
(Khatim Reza, J) J. Alam/- U T