Amit Kumar @ Amit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27167 of 2025 Arising Out of PS. Case No.-233 Year-2024 Thana- SANDESH District- Bhojpur ====================================================== Amit Kumar @ Amit Yadav S/o Jugal Kishore Singh Resident of VillageKhandol, P.S.- Sandesh, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bachan Jee Ojha, Adv.

For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-05-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Sandesh P.S. Case No. 233 of 2024 dated 13.08.2024 registered for the offence punishable under Sections 310(2), 311 and 109 of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.

3. The allegation against the petitioner is that he along with other co-accused persons assaulted the staff of the informant and opened fire in which two staff of the informant sustained gunshot injuries. It is further alleged that the accused persons also took away the box of the informant in which money was kept.

Patna High Court CR. MISC. No.27167 of 2025(2) dt.06-05-2025 2/3

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that on the basis of CCTV footage, six persons have been named in the F.I.R.. It is submitted that all the six named accused persons opened fire upon staff of the informant due to which they sustained injuries but there is no injury report mentioned in the case diary as well as in the impugned order. It is submitted that only on the basis of suspicion, during the investigation, the petitioner has been made accused in the present case by the police. Lastly, it has been submitted that the petitioner is in custody since 14.08.2024, having two criminal cases against him and charge-sheet has been submitted in the case.

5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Bhojpur at Ara in connection with Sandesh P.S.

Patna High Court CR. MISC. No.27167 of 2025(2) dt.06-05-2025 3/3 Case No. 233 of 2024, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Khatim Reza, J) prabhat/- U T