Amit Yadav @ Amit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36129 of 2025 Arising Out of PS. Case No.-372 Year-2024 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Amit Yadav @ Amit Kumar S/o Suresh Yadav R/o Vill- Aahok Ghat, Kriti Tola, P.S- Sahebpur Kamal, Dist- Begusarai (Bihar) ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nakul Kumar Jamuar, Adv.
For the Opposite Party/s :
Ms.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-07-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Sahebpur Kamal P.S Case No. 372 of 2024 dated 06.11.2024 registered for the offence punishable u/ss 191(2), 126(2), 115(2), 352, 351(1), 351(2), 109(1) and 303(2) of the B.N.S. and Section 27 of the Arms Act.
3. As per the prosecution case, when the informant's son was going to field to do work, the petitioner and the coaccused persons stopped him and started abusing him. On protest made by the informant's son, the co-accused, Ram Bilash Yadav and Sripat Yadav caught him and the co-accused, Pankaj Yadav assaulted him with lathi. The co-accused, Pintu Yadav
Patna High Court CR. MISC. No.36129 of 2025(2) dt.02-07-2025 2/3 assaulted him with bricks. The petitioner Amit Yadav and the co-accused, Sintu Yadav were standing with weapons and the co-accused, Sunil Yadav and Sanjeet Yadav assaulted the informant's son with fist and legs due to which he sustained injuries on eye, nose and back. It is further alleged that the accused persons took Rs. 2500/- from the informant's son.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The specific allegation of assaulting is against the coaccused, Sunil Yadav and Sanjeet Yadav rather the allegation against the petitioner is general and omnibus. Nothing has been recovered from the conscious possession of the petitioner. As per the impugned order, it has been mentioned that there are four injuries except injury no. 1 i.e. pain and swelling at nasal bridge region which is grievous in nature and rest injuries are simple in nature. The co-accused person has already been granted anticipatory bail by a Coordinate Bench of this court vide order dated 07.03.2024 passed in Cr. Misc. No. 9767/2025. It is further submitted that the petitioner is a member of mob. The petitioner has two criminal antecedents in which he is on bail as stated in para 3 of the bail petition.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.36129 of 2025(2) dt.02-07-2025 3/3 opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Begusarai, in connection with Sahebpur Kamal P.S Case No. 372 of 2024, subject to conditions as laid down under section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Chandra Prakash Singh, J) Gautam/- U T