Amar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32302 of 2019 Arising Out of PS. Case No.-419 Year-2018 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Amar Kumar, aged about 22 years, Gender-Male, Son of Chhotu Mahto @ Sunil Mahto, Resident of Village- Bagha, P.S.- Town (Nagar), DistrictBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal, Adv.

For the Opposite Party/s :

Mr.Ashraf Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-06-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 452 and 302 of the Indian Penal Code and under Section 27 of the Arms Act.

The prosecution case is that as per written information lodged by Rita Devi is that her Brother-in-law (Bhaishur) was a veteran criminal who used to collect rengdari at the bus-stand was killed and after his death his three sons namely Amit Kumar, Ajeet Kumar and the petitioner were collecting rangdari which was being objected to by her husband Deepal Mahto. It is alleged that on 15.07.2018 at about 09.30 P.M. aforesaid accused persons arrived her house and on the orders of Amit Kumar Shambhu Sahani shot at her

Patna High Court CR. MISC. No.32302 of 2019(2) dt.13-06-2019 2/2 husband hearting his chest, the petitioner Amit Kumar and Ajeet Kumar all shot at his causing heating his body and after the firing they started fleeing. It is alleged that one of the culprit Shambhu Sahani was caught hold who was assaulted the husband of the informant.

The learned counsel for the petitioner has submitted that there is no overt act has been alleged as against the petitioner herein and the petitioner has been falsely implicated in the present case. It is further submitted that the petitioner is having a fair antecedent. Let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Town (Nagar) P.S. Case No. 419 of 2018, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure as well as condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Anjani Kumar Sharan, J) amitkumar/- U T