Amit Kumar @ Amit Prasad @ Amit Gope v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39448 of 2025 Arising Out of PS. Case No.-306 Year-2023 Thana- UJIYARPUR District- Samastipur ====================================================== Amit Kumar @ Amit Prasad @ Amit Gope S/O Sri Umesh Prasad @ Umesh Gop @ Haddi Gop R/O Jharhappur, P.s.- Karai, Parshurai, Dist.- Nalanda. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Hansraj, Advocate For the State :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

This is the second attempt on behalf of the petitioner for grant of regular bail in connection with Ujiyarpur P.S. Case No. 306 of 2023 registered for the offence punishable under Sections 302, 307, 353, 323/34 of the Indian Penal Code and Sections 25(1-B)a, 26, 27, 35 of the Arms Act. 3.

Earlier, the bail of the petitioner was rejected by this Court vide order dated 20.07.2024 passed in Criminal Miscellaneous No.30729 of 2024. The aforesaid order dated 20.07.2024 reads as under:- "Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Ujiyarpur P.S. Case No. 306 of 2023 registered for the offence punishable under Sections 302, 307, 353, 323/34 of the Indian Penal Code and Sections 25(1-B)a, 26, 27, 35 of the Arms Act.

Patna High Court CR. MISC. No.39448 of 2025(6) dt.10-02-2026 2/3

3. As per the prosecution case, police tried to apprehend the criminals who were involved in the cattle theft and in that process, the S.H.O.(deceased) caught hold of one of the accused. Other accused persons tried to free the co-accused who was caught by the S.H.O.

and when the S.H.O. did not free the coaccused, one of the co-accused shot the S.H.O. in his eyes and the S.H.O. died.

4. The name of the petitioner has surfaced during investigation that he was a part of a gang of criminals involved in the killing of the S.H.O. He is in jail since 05.10.2023.

5. Considering the serious allegations levelled against the petitioner, I am not inclined to grant bail to the petitioner.

6. Accordingly, this application for regular bail is dismissed"

4.

Learned counsel for the petitioner submits that the petitioner is in custody since 05.10.2023 and some coaccused have been granted bail. 5.

From the report of the trial Judge, it appears that out twelve witnesses, seven witnesses have been examined in the trial.

6.

Considering the gravity of offence and the fact that in the trial most of the witnesses have been examined as also the laid down by the Hon'ble Supreme Court in the case of X vs. State of Rajasthan & Anr. reported as 2024 SCC OnLine SC 3539, I am not inclined to review my earlier order dated 20.07.2024. Accordingly, this bail application is dismissed.

Patna High Court CR. MISC. No.39448 of 2025(6) dt.10-02-2026 3/3 7.

The Superintendent of Police, Samastipur is directed to ensure the presence of remaining witnesses in the trial.

8.

Let a copy of this order be communicated to the Superintendent of Police, Samastipur forthwith through FAX or e-mail for its compliance.

(Sandeep Kumar, J) pawan/- U T