Amar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4660 of 2020 Arising Out of PS. Case No.-129 Year-2019 Thana- SHANKARPUR District- Madhepura ====================================================== 1.

AMAR KUMAR Son of Bhumi Yadav Resident of Village - Sonbarsa, P.S.- Shankarpur, Distt - Madhepura.

2.

Amit Kumar @ Amit Yadav Son of Bhumi Yadav Resident of Village - Sonbarsa, P.S.- Shankarpur, Distt - Madhepura. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Uday Chand Prasad, Adv.

For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-03-2020 Since initially it is submitted that petitioner no.1, Amar Kumar has been arrested, hence, this application so far as it relates to petitioner no.1 stands dismissed as having infructuous.

Heard learned counsel for the petitioner and the State. The petitioner no.1 is apprehending arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 325, 307, 379, 385, 504 and 506 of the Indian Penal Code.

The prosecution case as per the Fardbeyan of Hare Ram Mandal, recorded by S.I. Devendra Thakur, Madhepura Police Station is to the effect that on 06.08.2019 at 3.30 P.M when the informant was sitting at his door, in the meantime,

Patna High Court CR. MISC. No.4660 of 2020(2) dt.04-03-2020 2/3 three FIR named accused persons, including the petitioner along with 15-20 unknown came and conveyed that why the informant has not paid the extortion amount of Rs.60,000/- demanded earlier when the informant shown his inability to pay the same, the accused persons started firing upon the informant. On alarm being raised, the brother and other family members of the informant came to rescue, then they were brutally assaulted by the accused persons. The accused persons also took away a cash amount of Rs.25,000/- from the house of the informant.

It is submitted by learned counsel for the petitioner no.1 that due to old enmity, the accusation has been levelled against the petitioners. A statement has been made in paragraph no.3 of the petition that apart from the present case, petitioner no.2 is accused in two other cases, but he is on bail. It is submitted by learned APP for the State that the accusation is specific against the petitioners and the injuries of two persons have been found grievous.

Considering the nature of accusation, this Court is not inclined to release him on anticipatory bail. Let the learned Court below consider the prayer for regular bail of petitioner no.2, if the he surrender within a period of six weeks, in connection with Shankarpur

Patna High Court CR. MISC. No.4660 of 2020(2) dt.04-03-2020 3/3 P. S. Case No. 129 of 2019, pending before the learned ACJM-I, Madhepura.

With the above observation, this application is, accordingly, disposed of.

(Dinesh Kumar Singh, J) Ashwini/- U T