Amrendra Kumar Amar @ Shankar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37709 of 2023 Arising Out of PS. Case No.-37 Year-2022 Thana- TRIVENIGANJ District- Supaul ====================================================== 1.

AMRENDRA KUMAR AMAR @ SHANKAR SAH S/O LATE RAMESHWAR SAH R/O Village- Piluwaha, Ward No.7, PS. Jadiya, Dist. Supaul 2.

CHANDAN KUMAR S/O UMESH SAH R/O Village- Piluwaha, Ward No.7, PS. Jadiya, Dist. Supaul ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2023 Heard the parties.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 395/397 of the IPC and section 27 of the Arms Act.

3.

As per the prosecution case, petitioners overtook the motorcycle of the informant and petitioner no.1 fired from his pistol upon the stomach of the informant, petitioner no.2 fired on the right hand of the informant. Thereafter the other accused persons took the documents of the informant and also took away his motorcycle.

4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence.

Patna High Court CR. MISC. No.37709 of 2023(2) dt.31-07-2023 2/2 They have been falsely implicated in this case due to ulterior motive. No such occurrence, in the manner as alleged, has ever taken place. It is submitted that after investigation, police has filed final form but the learned Court below differing with the final form, took cognizance against the petitioners. Petitioner no.1 has one criminal antecedent and petitioner no.2 has no criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Tribeniganj P.S. Case No.37 of 2022, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) pallavi/- U T