Amrit Kumar @ Chhote v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5179 of 2025 Arising Out of PS. Case No.-365 Year-2024 Thana- RANIYATALAB District- Patna ====================================================== Amrit Kumar @ Chhote Son Of Pramod Kumar @ Pramod Sharma R/OVillage-Simra, Ps-Janipur, Distt.-Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Priyesh Kumar, Advocate For the Opposite Party/s :
Mr. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-05-2025 Heard Mr. Priyesh Kumar, learned counsel for the petitioner and Mr. Fahimuddin, learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Ranitalab P.S. Case No. 365 of 2024 for the offence under sections 126(2), 115(2), 118(1), 117(2), 109, 303(2), 3(5) of the B.N.S. lodged on 22.09.2024 by the informant, Harsh Kumar.
3. As per the prosecution story, the informant alleged that the accused persons including the petitioner pointed pistol and thereafter assaulted causing injury on the head as also the body. The informant called the police by dialing 112 to took him to hospital which followed the F.I.R.
4. Learned counsel for the petitioner submits that there is omnibus allegation against this petitioner, actually he is
Patna High Court CR. MISC. No.5179 of 2025(3) dt.09-05-2025 2/3 a student of RPS Law College, Patna, the injury has been found to be simple in nature and he do not have criminal antecedent. Last submission is that he wants to contribute Rs.15,000/- (Rupees Fifteen Thousand) to the informant, Harsh Kumar.
5. Learned APP opposes the prayer submitting that though omnibus allegation is there, the assault has been made on head.
6. Taking into account the submissions of the parties as also that though allegation is there, injury has been found to be simple in nature, the petitioner is 22 years old, student of law, has no criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions, subject to payment of Rs.15,000/- (Rupees Fifteen Thousand) to the informant, Harsh Kumar, by way of Demand draft issued by the local State Bank of India through the Trial Court after checking his credentials.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Danapur, Patna, in connection with Ranitalab P.S. Case No.365 of 2024,
Patna High Court CR. MISC. No.5179 of 2025(3) dt.09-05-2025 3/3 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) anand/- U T