Amar Kumar @ Amarjit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36072 of 2025 Arising Out of PS. Case No.-3 Year-2025 Thana- SURYAGARHA District- Lakhisarai ====================================================== Amar Kumar @ Amarjit Kumar S/o Sri Anek Singh Village- Rampur, P.S.- Surajgarha, District- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Thakur, Adv Mrs. Vaishnavi Singh, Adv Mr. Ritwik Thakur For the informant :
Mr. Birendra Kumar Tiwary, Adv For the State :
Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 29-05-2025 Heard learned Counsel for the petitioner and learned counsel for the informant as well as learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Surajgarha P.S. Case No. 03 of 2025 registered for the offences punishable u/s 191(2), 126(2), 115(2), 329(3) and 109(1) of the B.N.S. and Section 27 of the Arms Act.
3. As per the prosecution case, on 05.01.2025, at about 7:00 A.M., the informant along with his brother was feeding the cattle. In the meantime, the petitioner and the other co-accused persons armed with Lathi, Danda and Rifle came at the Bathan of the informant and started abusing and assaulting
Patna High Court CR. MISC. No.36072 of 2025(2) dt.29-05-2025 2/3 them. It is further alleged that the petitioner fired upon the informant due to which he sustained injury on his right leg and also threatened with dire consequences.
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that there is a land dispute between both the parties. It is next submitted that the injury which is sustained by the informant is simple in nature. It is lastly submitted that the petitioner has three criminal antecedents and is in custody since 12.02.2025.
5. Learned counsel for the informant and learned APP for the State have vehemently opposed the prayer for bail and have stated that the petitioner had fired upon the informant due to which he sustained injury on his right leg.
6. Considering the aforesaid submissions of the parties and taking into account the nature of injury and also considering the period of custody, let the petitioner abovenamed, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Lakhisarai in connection with Surajgarha P.S. Case No. 03 of 2025, subject to the following conditions:-
Patna High Court CR. MISC. No.36072 of 2025(2) dt.29-05-2025 3/3 (i) One of the bailors will be close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the Court below, if so required by the learned Trial Court.
(iii) In case of absence on two consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be canceled by the Court concerned.
(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution will be at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
7. The application stands allowed.
(Sourendra Pandey, J) Jyoti/- U T