Amit Sah @ Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13751 of 2025 Arising Out of PS. Case No.-233 Year-2024 Thana- PURAINI District- Madhepura ====================================================== Amit Sah @ Amit Kumar S/O Mantu Sah @ Moiti Kumar @ Moti Kumar R/O Village- Sapardah, P.S- Puraini, Distt.- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hansraj For the Opposite Party/s :

Mr.Amitesh Kumar Mr. Buddhi Lal Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-05-2025 1.

Heard learned counsel for the petitioner, learned A.P.P. for the State and the learned counsel appearing on behalf of informant, Shri Buddhi Lal Yadav.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 103(1) and 61(2) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.

3.

Learned counsel for the petitioner submits that petitioner has antecedent of one case and the informant alleges that his brother was a contractor and was returning home on a Maruti car driven by Pushpam Kumar (son of the informant), when six unknown accused intercepted them and took his brother out of the car and shot him dead, thus alleges based on suspicion, that Pappu, petitioner along with other accused got

Patna High Court CR. MISC. No.13751 of 2025(3) dt.12-05-2025 2/3 his brother killed.

4.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case based on suspicion. It is further submitted that informant is not an eyewitness to the occurrence. It is also submitted that the FIR does not even remotely suggest that petitioner was present at the place of occurrence, rather the informant alleges that accused person including the petitioner hatched the conspiracy and got his brother killed 5.

The learned APP and the learned counsel appearing on behalf of the informant opposes the the anticipatory bail application. The learned counsel appearing on behalf of the informal submits that investigation is continuing and in the event if the privilege of anticipatory bail is granted to the petitioner, the petitioner may abscond, on which the learned counsel appearing on behalf of the petitioner submits that petitioner will not abscond rather will cooperate in the investigation to prove his innocence.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on

Patna High Court CR. MISC. No.13751 of 2025(3) dt.12-05-2025 3/3 anticipatory bail on furnishing bail bonds of Rs. 25,000/- (Rupees Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Puraini P.S. Case No. 233 of 2024, subject to the conditions as laid down under Section 482 (2) of the BNSS.

7.

One of the bailors of the petitioner shall be his father, Mantu Sah @ Moiti Kumar @ Moti Kumar. 8.

However, it is made clear that in the event, if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioner, despite giving assurance to this Court, is not cooperating in the investigation, in that event, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. 9.

Let a copy of this order be sent to the concerned police station through the learned Trial Court. (Satyavrat Verma, J) SUMIT/- U T