Amit Urao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20664 of 2025 Arising Out of PS. Case No.-83 Year-2024 Thana- Ratanpur District- Begusarai ====================================================== Amit Urao Son of Rajendra Urao Resident of Village- Kehunaye, P.s.- Pranpur, Distt.- Katihar, AT present Residing At Ratanpur, P.S.- Ratanpur, Distt.- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anshuman Jaipuriyar, Adv.
For the Opposite Party/s :
Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-05-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Ratanpur P.S. Case No. 83 of 2024 dated 21.10.2024 registered for the offences punishable under Sections 132, 109(1), 352, 351(2) of B.N.S. and Section 27 of Arms Act.
3. As per the prosecution case, the informant, who is police inspector alleges that when he along with other police force was patrolling then he saw that one person was brutally assaulting by another person with foot and fist. A.S.I. Mohan Singh was there. He said that the soldier, Amit Urao (petitioner) was beating one person. The petitioner was abusing that person,
Patna High Court CR. MISC. No.20664 of 2025(2) dt.05-05-2025 2/3 he was in civil dress. The informant asked the petitioner why he was doing this then the petitioner started abusing the informant and he left spot on his motorcycle. After few minutes, the petitioner returned there by his motorcycle. He fired there one round by his government pistol and he abused him. From the mouth of the petitioner smell of wine was coming.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. The charge-sheet has already been submitted against the petitioner. There is no specific allegation against the petitioner. The petitioner has no concern with the alleged occurrence. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 21.10.2024.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioner by submitting that the specific allegation of firing by his government pistol is against the petitioner, who was in drunken state. It is further submitted that the witnesses, at para 21, 22 and 23 of the case diary, have supported the prosecution case and para-28 also supported the occurrence by C.C.T.V. camera. The pillet was also recovered
Patna High Court CR. MISC. No.20664 of 2025(2) dt.05-05-2025 3/3 from the spot.
6. Considering the aforesaid facts and circumstances of the case as well as the specific allegation against the petitioner, this court is not inclined to grant bail to the petitioner and the same is rejected in connection with Ratanpur P.S. Case No. 83 of 2024, pending in the Court of learned J.M.-1st Class, Begusarai.
7. Learned court below is directed to conclude the trial of the petitioner within a period of six months. (Chandra Prakash Singh, J) shivam/- U T