Amarnath @ Banti Sonar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30964 of 2023 Arising Out of PS. Case No.-108 Year-2022 Thana- RAJNAGAR District- Madhubani ====================================================== AMARNATH @ BANTI SONAR Son of Dinesh Prasad R/O Village - Badi Bazar, P.S.- Madhubani, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar , Advocate For the Opposite Party/s :
Mr. Umesh Lal Verma, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-07-2023 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 302, 120B of the Indian Penal Code and 27 of the Arms Act .
3. As per the prosecution case, the allegation is that two petitioners herein, Vijay Mukhiya and Shyam Mikhiya and shyam Kumar Das came to her residence and took away her husband, Sanjeet Yadav and later she came to know that the accused persons have killed her husband. The specific allegation has been made against Sahdeo Yadav of opening fire on the chest of her husband and further on Rohit Yadav on firing in the abdomen of her husband whereafter allegation against named accused persons is/are of resorting of
Patna High Court CR. MISC. No.30964 of 2023(2) dt.20-07-2023 2/2 indiscriminate firing .
4. It is submitted that petitioner has been made accused in this case only on suspicion. There is general and omnibus allegation against this petitioner. Specific allegation of overt act and causing firearm injury to the deceased is against other co-accused persons. There is no eye witness of the occurrence. Petitioner claims clean antecedent.
5. Learned counsel for the State opposes the bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. -1st , Madhubani in connection with Rajnagar P.S. case no 108 of 2022 under District - Madhubani, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Kaushik/- U T