Amod Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39207 of 2025 Arising Out of PS. Case No.-228 Year-2024 Thana- PURAINI District- Madhepura ====================================================== Amod Kumar Sah, S/o Late Maniklal Sah @ Late Manik Lal Sah, Resident of village- Fulpur, ward no 07, P.S.- Puraini, District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.K. Agrawal, Sr. Advocate Mr. Pawan Kumar, Advocate For the Opposite Party/s :
Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 03-09-2025 Heard Mr. N.K. Agrawal, learned Sr. counsel for the petitioner and Mr. B.N. Pandey, learned APP for the State.
2. The petitioner has prayed for bail in connection with Puraini P.S. Case No.228 of 2024 registered for the offence punishable under Sections 103(1) and 3(5) of B.N.S. and Section 27 of the Arms Act.
3. The case of the prosecution is that the petitioner along with others were in business transaction with father of the ifnormant. On 03.12.2024 at about 7.00 P.M., he had a talk with his father and his father has told him that he was coming home but on 04.12.2024, it was learnt that his father Md. Sabul @ Nasbul was murdered by gun shot.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.39207 of 2025(3) dt.03-09-2025 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. It has further been submitted that though the name of this petitioner is in the F.I.R. but from perusal of the F.I.R. itself it is clear that there is no eye witness to the occurrence. The informant has stated that he came to know that the petitioner and others have killed his father but even in his restatement, he has not disclosed the name that who has told him that his father was killed by the petitioner and others. All witnesses have stated that the petitioner along with others in conspiracy have committed the murder of the deceased. It has also been submitted that there is no cogent material except the suspicion. Admittedly, there was transaction between the petitioner and the deceased. Petitioner is languishing in judicial custody since 06.12.2024.
5. Learned APP appearing for the State has submitted admittedly there is no eye witness and from investigation also no cogent material has been brought on record.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail
Patna High Court CR. MISC. No.39207 of 2025(3) dt.03-09-2025 3/3 bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-I, Udakishunganj, District-Madhepura in connection with Puraini P.S. Case No.228 of 2024.
(Ashok Kumar Pandey, J) lata/- U T