Amit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6480 of 2025 Arising Out of PS. Case No.-243 Year-2024 Thana- FATUA District- Patna ====================================================== 1.
Amit Kumar, Son of Suraj Kumar, Resident of Village- Surangapar, P.S.- Fatuha, Distt.- Patna 2.
Shyam Kishore, Son of Bhikari Singh, Resident of Village- Surangapar, P.S.- Fatuha, Distt.- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shyam Kumar Chaudhary, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 19-02-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Fatuha P.S. Case No. 243 of 2024 dated 20.04.2024 instituted for the offence punishable under Section 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The prosecution case, in short, is that on the alleged date of occurrence, the petitioners along with other accused persons fired on the husband of the informant. It is specifically alleged that co-accused, namely, Mithlesh Kumar shot the husband of the informant on his chest, co-accused Akhlesh Kumar shot him on his abdomen and Ranjan Kumar shot him on
Patna High Court CR. MISC. No.6480 of 2025(2) dt.19-02-2025 2/3 his waist and hand.
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that there is no specific allegation against the petitioners rather the allegation against the petitioners is general and omnibus. Specific allegation is against co-accused Mithlesh Kumar, Akhilesh Kumar and Ranjan Kumar who shot the husband of the informant which hit the different parts of his body. Learned counsel for the petitioners further submits that the alleged occurrence took place on 18.04.2024 while the F.I.R. has been lodged on 20.04.2024 without any plausible explanation. The petitioners are the resident of the same locality. Lastly, it has been submitted that petitioners have no criminal antecedents.
5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Fatuha P.S. Case No. 243 of 2024, they will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties
Patna High Court CR. MISC. No.6480 of 2025(2) dt.19-02-2025 3/3 of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Patna City, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) premchand/- U T