Amritesh Kumar @ Pappu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13802 of 2025 Arising Out of PS. Case No.-173 Year-2023 Thana- VIDYAPATINAGAR DistrictSamastipur ====================================================== Amritesh Kumar @ Pappu S/O Kailash Bhagat R/O Village- Gopalpur Balkrishnapur Marwa, P.S- Vidyapati Nagar, Distt.- Samastipur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== For the Petitioner/s :

Mr.Amit Kumar, Adv.

For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-07-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Vidyapatinagar P.S. Case No. 173 of 2023 dated 30.10.2023 registered for the offence punishable u/ss 341 and 307 read with 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the petitioner and the co-accused persons holding deadly weapons chased the son of the informant and started abusing. In the meantime, the petitioner, Amritesh Kumar and the co-accused, Raushan Kumar and Nilesh Kumar having pistol in their hands with an intention to kill fired five rounds on the informant's son out of which one pellet hit him due to which he fell down and thereafter, he was taken to D.M.C.H, Darbhanga for treatment.

4. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.13802 of 2025(3) dt.23-07-2025 2/2 the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. There is no specific allegation of firing is against the petitioner. The co-accused persons have already been granted anticipatory bail by this court vide order dated 02.04.2024 passed in Cr. Misc. No. 16962/2024. The petitioner has three criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 03.12.2024.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Samastipur in connection with Vidyapati Nagar P.S. Case No. 173 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T