Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6483 of 2025 Arising Out of PS. Case No.-139 Year-2024 Thana- Nagara District- Saran ====================================================== Amit Kumar Son of Subhash Prasad Resident of Village- Afour, P.S.- Nagra, District- Saran, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhijeet Abhigyan, Advocate For the Opposite Party/s :

Mr.Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 15-02-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. In this present case, the petitioner seeks bail in connection with Nagra P.S. Case No. 139 of 2024 registered for the offences under Sections 126(2), 115(2), 118(1), 109, 324(4) (5), 303(2), 352, 351(2)(3) and 3(5) of the B.N.S.

3. As per prosecution case, petitioner and co-accused persons on the dispute over parking of e-rickshaw of the informant started assaulting him and when the informant tried to save him by hiding himself in his home, they broke open the doors of the house and assaulted the wife of the informant and took away the money from the cash box.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been

Patna High Court CR. MISC. No.6483 of 2025(2) dt.15-02-2025 2/3 falsely implicated in this case. No occurrence as alleged has ever taken place. The FIR has been lodged after delay of three days for which there is no satisfactory explanation. There is case and counter case between the parties and the petitioner's side have lodged Nagra P.S. Case No. 140 of 2024 against the informant side who are aggressor. Learned counsel further submits that utmost it could be a case of free fight in which both sides received injuries. Though allegation against the petitioner is of hitting the informant on his head but the informant has received simple injury as it apparent from the rejection order of bail of this petitioner. Petitioner is in custody since 06.12.2024 and charge-sheet has been submitted. Petitioner is having antecedent of two cases in which he is on bail.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the simple nature of injury of the victim and also considering the period of custody of the petitioner coupled with submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like

Patna High Court CR. MISC. No.6483 of 2025(2) dt.15-02-2025 3/3 amount each to the satisfaction of learned Judicial Magistrate 1st Class, Saran at Chapra/concerned court in connection with Nagra P.S. Case No. 139 of 2024, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T