Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20310 of 2024 Arising Out of PS. Case No.-206 Year-2023 Thana- SAHARSA SADAR District- Saharsa ====================================================== Amit Kumar Son Of Dinesh Yadav Resident Of Village - Sahugarh, Ward No. 12, Ps And Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Maya Shankar Mishra For the Opposite Party/s :

Mr. Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Saharsa Sadar P.S. Case No. 206 of 2023 registered for the offence under Sections 147, 148, 149, 302, 120(B) of the IPC and Sections 25(1-B)a, 26, 35, 27 of the Arms Act.

3. As per prosecution case, it is alleged that the FIR named accused persons along with other unknown shot dead the prisoner Prabhakar Kumar in court premises while he was coming down from stairs in court building.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Although the petitioner is named in the FIR, he was not apprehended on spot. His name

Patna High Court CR. MISC. No.20310 of 2024(4) dt.15-05-2024 2/2 was disclosed by co-accused Alok Kumar. Petitioner has suo moto surrendered before the court below and was sent to judicial custody on 5.4.2023. Other co-accused Himanshu Kumar @ Lalu Yadav has already been enlarged on bail by this Court vide order dt. 6.12.2023 passed in Cr. Misc. No. 77371 of 2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Saharsa Sadar P.S. Case No. 206 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-II, Saharsa.

(Sunil Kumar Panwar, J) sushma/- U